



4 O 



^ ** ** ♦; 




v » 




R. SERJEANT BALLANTINE. 



ARTJTYPE, E. BleHSr 



SOME EXPERIENCES 



OF 



A BARRISTER'S LIFE 



BY 

ME. SERJEANT BALLANTLNE 



A NEW AND REVISED EDITION FROM THE SIXTH LONDON EDITION, 

WITH ADDITIONS, CORRECTIONS, AND A NEW PREFACE 

WRITTEN BY THE AUTHOR IN AMERICA 




5 1 



NEW YORK AND PftlSofilMl * 
M. STODDART 

1883 



jl As t.s 



COPYBTGHT, 1883, BY J. M. STODDART. 



|THI LItftAft 



#ASMi!i<PrON 



PREFACE 



AMERICAN EDITION. 



OINCE my arrival in New York I have learned 
with much satisfaction the favor with which 
my Experiences have been generally received ; and, 
having been honored with an introduction to many 
of the most distinguished lawyers of the United 
States, am assured by them that they join in the 
approbation accorded ; the terms also in which they 
were pleased to express themselves have very much 
enhanced my satisfaction. To this, however, there 
has been some drawback, from the fact that the 
edition of my book published in this country is a 
transcript from the first English edition, which 
contained many errors arising from various causes. 
These and other considerations have induced me 
to offer to the American, public- an edition from 
which the errors in question, are now carefully ex- 
punged, and additions have been made to the text 
which will, I trust, conduce to the interest of the 
work. It will be obvious to the reader that its 



j v PREFACE TO THE AMERICAN EDITION. 

contents extend beyond the limits indicated by the 
title, and that I have offered opinions as well as re- 
lated facts. These assume no merit, except that of 
being perfectly sincere and the result of much ex- 
perience and thought. Such, for example, are the 
chapters on vivisection, in which I am aware that 
I am opposed to the judgment of many distin- 
guished men who are in favor of the practice. It 
will also be seen that I call attention to the re- 
lations existing between crime and the mode of 
dealing with it, and to the efficacy of punishments 
generally. I have also discussed a question which 
I think of great constitutional importance, and pro- 
tested strongly against certain innovations that are 
favored by Lord Selborne, a Lord Chancellor of in- 
finite learning, but possessing very imperfect experi- 
ence upon the subject affected by these changes. 

It will doubtless be discovered that although I 
have not formally discussed the subject, I put much 
faith in the jury system ; and I find, from an able 
article in the November number of the Century 
magazine, that the question is one engaging much 
attention on this side of the Atlantic. I presume 
to give no opinion upon any argument applying 
solely to the mode adopted in the United States, 
but take this opportunity of emphatically asserting 
that in matters of fact, both of a civil and criminal 
character, I believe a jury to be the best if not the 



PREFACE TO THE AMERICAN EDITION. y 

only security for the maintenance of justice. In 
this opinion, as well as others that will be found 
in the body of the work, I speak in no spirit of dic- 
tation, but solely with a view of inviting full and 
impartial criticism to a subject of vital importance. 

The Author. 

New Yoek, ) 

December, 1882. ) 



NOTE TO THE THIRD EDITION. 



MAY be permitted to say a few words by way 
of apology for some errors that have been very 
kindly pointed out to me. I fear that they have 
generally arisen from my trusting too implicitly to 
my memory. The edition now appearing has pro- 
gressed too far to enable me to correct the whole of 
them, but there is one that I wish at once to set 
right — namely, my statement that Baron Bolland 
was ,the only judge appointed by Lord Lyndhurst 
(p. 136). 

At a future time I will explain the origin of the 
blunder. 

WM. BALLANTINE. 

Union Club, 

April 13, 1882. 



PEEFATORY NOTE. 



HAVE felt at a loss to know in what manner 1 
ought to introduce the following pages to the 
reader, and should have been inclined to launch them 
without a word of preface, but that it might be 
thought that I formed an exaggerated estimate of 
their intrinsic worth, which certainly is not the case. 

What I have striven to do, and trust I have suc- 
ceeded in doing, has been to adhere strictly to facts 
in the incidents related ; and the conclusions ex- 
pressed are the honest results of such experience as 
a long professional life, not unmixed with other asso- 
ciations, has enabled me to form. 

If my lighter sketches should amuse a leisure hour, 
my object will have been attained ; and if any sug- 
gestions upon graver topics should furnish hints lead- 



r n 



v }} j PREFA TOR Y NOTE. 

ing to any more useful end, I shall be amply re- 
warded. 

It may be permitted to me to add, that whilst 
writing in no presumptuous spirit, I have not hesi- 
tated, upon some subjects, to express my opinions 
with perfect frankness and candor 

WM. BALLANTDTEL 

The Temple: 

March, 1882. 



PREFACE 

TO 

THE NEW EDITION. 



^pHE encouragement afforded to me by the recep- 
tion of the early editions of my Experiences 
induces me to offer them in a more convenient and 
cheaper form. 

I have added some few further observations in 
the shape of postscripts to some of the chapters, 
and have also been enabled, through the kindness 
of several correspondents, to correct errors into 
which I had been led through imperfect memory ; 
and to these kind friends I take this opportunity 
of tendering my thanks. I may say without osten- 
tatious humility how conscious I am of the many 
defects that existed in the arrangement of the work, 
and how grateful for the considerate manner in 
which they have been treated. 

Should this volume obtain circulation in a more 
extended sphere, I can wish it no better reception 
than that accorded to the editions which have pre- 
ceded it, and which has been to me the source of 

heartfelt satisfaction. 

Wm. B. 

October 24, 1882. 



CONTENTS. 



CHAPTER I. 

AUTOBIOGRAPHY. 



Early days-Temple Church-Gardens-First pantomime-Visit 
to Wimbledon-Broadstairs-Steam-packets-First impres- 
sions of the sea-St. Paul's School-Tyranny-Inhabitants of 
Serjeants' Inn-The Bolt-in-Tun-Mr. Wigan's school-Mr. 
Piatt-Charles Ewan Law-Pleader's Chambers-* ellow- 
pupils— Ben Hyam— Call to the bar— Anecdote . 

CHAPTER II. 

LONDON DURING MY PUPILAGE. 

Wellington— Walter Scott— Resurrectionists— Burke and Hare- 
Vivisection— The Duke of Wellington-Hackney coaches- 
Glass coaches-Cabs-Bishops-Working clergy-Patent 
Theatres-Actors-English Opera House— Adelphi Theatre- 
Keeley— Mrs. Yates— Anaesthetics— Courts of Request— Sam 
Hall— Darrell Stephens— Periodical literature— Dinners 

CHAPTER HI. 

COMMENCEMENT OF PROFESSIONAL LIFE. 

5 Inner Temple Lane-My laundress-My clerk-My earnings 
' -My tradesman-Middlesex Sessions-Bodkin-Clarkson 
-Huddleston-Prendergast-Anecdote-Gambling-houses 
—Anecdote-Middlesex magistrates-Grant of licenses- 
Spirit licenses— Licensing meetings . • • •_ • 



15 



35 



x ii CONTENTS. 

CHAPTER IV. 

MY EARLY PERFORMANCES. 

PAGH 

Conquest — G-omersal — Mrs. Conquest — Father and son— "Mr. 
Const — Phillipps — Clarkson — Accident — Gambling-houses — 
Hazard — Roulette — Cheating — Running Rein — Crockford's — 
Anecdotes — Jem Bland — -Anecdote — Piccadilly Saloon — 
Sam Chifney — Mirfin — Duel 45 

CHAPTER V. 

CHOICE OF CIRCUIT. 

Home Circuit — Sheriff's chaplain — Lodgings — Opening the com- 
mission — Grand Jury — Criminal Court — M. Berryer — Civil 
Court — Circuit mess — Juries — Mr. Arnold — John Locke, M. P. 
— Sothern — Judges' dinner — Spankie — Andrews — Turton — 
Broderic — Thesiger — Piatt — References — Samuel Warren — 
Lord Cairns — Alfred Thesiger — The Denman family — Lady 
Croft — Sir Thomas Croft — Lord Denman — Trial at Maidstone 
— Chambers — Appointed revising barrister . . . .56 

CHAPTER VI. 

THE THAMES POLICE COURT. 

Thames police office — My father — Captain Richbell — Mr. Broderip 
— Awkward mistake — Charles Mathews — Mr. Const — Dunn 
— Sir Frederick Roe — Laing — Nervousness — Central Court — 
City judges' dinners— The Ordinary — The Recorder — Arabin 
— Alley — Adolphus — London Coffee House — Duel — 
Tenterden — Scarlett — Charles Phillipps — Brougham — Duel- — 
Anecdote — Insolvent Court appointment . . . .68 

CHAPTER VII. 

THE TRIAL OF COURVOISIER. 

Murder of Lord William Russell — Appearance of Central Court — 
Royal duke — Tindal — Baron Parke — New evidence— Inter- 
view between Phillipps and Courvoisier — Phillipps's communi- 
cation to Baron Parke — Conduct of Phillipps — His speech — 
Improper expressions — Duty of counsel — Present crime — 
Punishment of death — "Age" — "Satirist" . . . .81 



CONTENTS. x [{{ 

CHAPTER VIII. 

THE CENTRAL, CRIMINAL COURT. 

PAGH 

Clarkson — Bodkin — Wilkins — Parry — Alderman Planner — The 
Rope-walk — Offenses against women — Unlucky hairdresser 
— Origin of Central Criminal Court — Lord Mayor — Sheriffs 
— Aldermen — Sir Peter Laurie — Joseph Adie — The Brothers 
Forester — Calcraft ... 91 

CHAPTER IX. 



Jerningham — Huddleston — Hubert Jer ningham — Dubois — 
Brothers Smith, authors of" Rejected Addresses " — Author of 
"Ingoldsby Legends" — Theodore Hook — Mr. Hill — Mrs. and 
Miss Dubois — Hook's joke about himself —Thrown into pris- 
on—Attacks upon Queen Caroline — Gilbert Gurney — Scene 
at the Old Bailey — Poole — Hill's inquisitiveness — The Clar- 
ence Club — The Dilkes — The author of " Pleasures of Hope " 
— Lord Justice James — Frank Stone — Marcus Stone — Two 
Indian officers — Death of Captain Barberie — Bransby Cooper 
— Sir Astley Cooper — Death of Bransby Cooper — Wakley — 
Action against County Fire Office — Alleged suicide of Sadleir 
— Inquest — Verdict — Anecdote of Patch, the murderer — 
Daring Conspiracy — Action against the " Times '* — Gambling 
loss 100 

CHAPTER X. 

SUIT IN THE HOUSE OF LORDS. 

Lords present- -Bill to annul the marriage between Esther Field 
and Samuel Brown — Counsel engaged — Case opened by Sir 
Fitzroy Kelly — My cross-examination — Rolt sums up — House 
adjourns — Following day the Earl of Devon withdraws the 
bill — Extract from the "Times" — Dr. Locock — Lord Lynd- 
hurst introduces himself to me — Cross-examination — Extensive 
existence of false evidence — Unskillful cross-examination — 
Danger of — Proper principle of — A ijemark of mine in a case 
— Tests of truth — Equity courts — Remark of a judge to me — 
Embarrassment of witness not proof of falsehood — Curious 
robbery— Acquittal of prisoner — Gross fraud exposed — Rail- 
way accidents — Evidence — Remark of Lord Coleridge— Anec- 
dote of Lord Hatherley — Mr. Rolt — Sir John Baylejr — Parties 
at Mr. Lumley's — Two ex-Chancellors — Delafield — Exami- 
nation-in-chief . Ill 



x i v CONTENTS. 

CHAPTER XL 

FAMOUS AUTHORS. 

PAGE 

Old taverns — Shakespeare Club — First meet Thackeray — His 
works — Colonel Newcome — Becky Sharpe= — Colonel Crawley 
— Archdeckne — John Forster — First meeting with Charles 
Dickens — Miss Dickens — Bardell v. Pickwick — Toole — Dinner 
at Mr. Cartwright's — Meeting with Charles Dickens — His 
death — Mr. Justice Talfourd — His parties — Frank Talfourd — 
Macready — Bulwer — Sheridan Knowles — Albert Smith — 
Death of Talfourd— Lady Talfourd— Norton v. Lord Mel- 
bourne — Mrs. Norton's character cleared — Improper state- 
ments by Sir John Campbell — Mr. Norton as a magistrate . 123 

CHAPTER XII. 

LORD LYNDHURST. 

Lord Lyndhurst — His birth — Defense of Dr. Watson — Lord 
Castlereagh's opinion of the defense — Becomes M.P. and 
Solicitor-General — My recollection of him as Chief Baron — 
The case of Small v. Attwood — Conduct as a judge — Sir 
Charles Wetherall — Slovenliness of Sir Charles — Anecdote — 
Charles Austin — Professional practice — Marriage— Retirement 
— Becomes a county magistrate— Sir Fitzroy Kelly — Informa- 
tion against the London docks — Ipswich election petition — 
Painful incident — Appointment as Chief Baron — Case of 
Margaret Waters — Case of Tawell — Dr. Letheby — Mr. Justice 
James Alan Park — Anecdote — Old Midland Circuit — Practical 
joke — Serjeants — Goulburn's apology — Answer of Park — 
Copley and Denman 134 

CHAPTER XIII. 

MR. BARON PARKE. 

Deportment of Mr. Baron Parke — Accused of over-subtlety — His 
love of the profession — Amusing squib of Mr. Justice Hayes 
— Anecdote — Fondness^ for fresh air — Parke created Lord 
Wensleydale — Two murder cases in which I defend the 
prisoners — One at Chelmsford, the other at Lewes — First 
case a woman charged with murdering her husband — I am 
urged to pursue a course against my judgment — Refuse to 
do so — My reasons — Trial before Baron Parke — Acquittal — 
Probable grounds — Conduct of judge — Professor Taylor — 



CONTENTS. ■ xy 



Subsequent career of the prisoner — A murder at Hastings — 
Offer of reward — Trial — Effect of the offer of reward — Un- 
necessary evidence — Dramatic scene — Acquittal of the 
prisoner 144 

CHAPTER XIV. 

IMPRESSIONS OF SWITZERLAND AND H0MBURG. 

A long vacation — Trip to Switzerland — Albert Smith — Mont 
Blanc—" Mr. Ledbury's Tour " — Suicide at the Pont Neuf, in 
Paris — Basle — Trois Rois hotel — First view of the Rhine — 
Balcony of hotel — Anthony Trollope- — Outside of the Trois 
Rois — Carriages — Railway — Geneva — Albert and Arthur 
Smith — Geneva — Fishing on the lake — Chamouni — Exhibi- 
tion at the Egyptian Hall — Diligence arrives at Dijon — 
Homburg — Early morning at the springs — The Duke of 
Cambridge — The olind prince — His parties — Introduction to 
the Prince of Wales — The evening at Homburg — Scenes on the 
terrace — Morning drives — Gambling saloons — Their abolition 
— Stock Exchange— Chances of the table — Systems — Ruined 
gamblers — Ladies — Mr. Goldsmidt — Departing visitors — Anec- 
dotes of hotel proprietors — Ruse to get possession of a seat — 
Anecdote of two ladies — Homburg at present — Monaco — In- 
terference of foreigners ........ 154 

CHAPTER XV. 

LORD CAMPBELL. 

Retirement of Lord Denman — Appointment of Lord Campbell — 
Importance of a judge's demeanor — Lord Campbell obtains a 
peerage for his wife — Becomes Chancellor of Ireland, with a 
peerage to himself — Short tenure of office — Becomes Chief 
Justice, and ultimately Lord Chancellor — His "Lives" — Miss 
Strickland — Anecdote told by Phillipps — Lord Campbell's 
version — His character as an advocate — Trial of Lord de Ros 
— Details — Campbell's speech — Sauter la coupe — Sir William 
Ingelby's attempt to explain the trick — Mr. Lawrence — Sir 
William Follett — His good nature — Mr. Wightman . . 167 

CHAPTER XVI. 

Campbell's irritability. 

Great knowledge and industry of Campbell — Grotesque exhibition 
of impatience — The trial of Palmer — Sir Alexander Cockburn 



xv i CONTENTS. 

PAGB 

— Mr. Serjeant Shee — Theory of the prosecution — Professor 
Taylor — Sir Benjamin Broclie's evidence — Good sense of 
Campbell — Palmer's probable object — Palmer is convicted 
— His note to his attorney — Mr. Serjeant Shee — Opinion of 
Campbell's politeness — History repeats itself: — Analogy 
between Palmer and Thurtell — Murder of Weare by Thurtell 
— Supper afterwards — Probert and Hunt turned king's 
evidence — Fate of Probert and Huntr^Causes before Lord 
Campbell — Railway accidents — Difficulty in ascertaining in- 
jury — Mr. Glover's case — Unfavorable impression created by 
his evidence — Verdict — Mr. Glover's death — Another railway 
case — Dishonest practitioners — British Bank trial — Verdict — 
Sentences — The last time I saw Lord Campbell — His death — 
Sir Richard Bethell appointed in his place — I receive from 
him a patent of precedence ....... 176 

CHAPTER XVII. • 

I BECOME A SERJEANT. 

I become a Serjeant — Former importance of the office — Queen's 
Ancient Serjeant — First Queen's Counsel — A grievance — Mr. 
Serjeant Manning treasurer — Opinion of the judges by Lord 
Campbell — Coleridge — Erie — Maule — Fonblanque's attack on 
Maule — Serjeant Storks — Gazelee appointed treasurer — Ser- 
jeant Tozer — I am elected treasurer — Go to India — Am re- 
elected — Dissolution of the Inn — Testimonial to myself . . 186 

CHAPTER XVIII. 

THE GARRICK CLUB. 

Garrick Club — Character of its members — Hook — Barham — The 
authors of the " Rejected Addresses" — Dickens — Thackeray — 
David Roberts — Stanfield — Charles Kemble — Charles Kean 
in "Louis XI." — "The Corsican Brothers" — Mephistopheles — 
Robert Keeley — Leigh Murray — Albert and Arthur Smith — 
Serjeant Talfourd — Do wling— Morgan O'Connell- — Appalling 
incident at a fire — Shirley Brooks — Serjeant Parry — Douglas 
Jerrold — Hamblet — New house — Walter Lacey — Palgrave 
Simpson — Tom Holmes — Frank Fladgate — Le Chevalier 
Brasseur — The Prince of Wales a member of the club . . 198 



CONTENTS. xv jj 

CHAPTER XIX. 

INEQUALITY OF SENTENCES. 

PAGE 

Sir Frederick Pollock — His residence in Serjeants' Inn — His ca- 
reer at Cambridge, and high distinction — Innocent vanity — 
Demeanor upon the bench — Manning's case — Interesting case 
before Pollock — Anecdote of Cyrus Jay — Accident on Great 
Eastern Railway — Trial before the Chief Baron — Evidence of 
engineers — Doubtful evidence admitted — Verdict for plaintiff 
— Second action before Sir Alexander Cockburn — Evidence 
in former case contradicted — Action before Chief Baron Kelly 
— Dr. Sumner, Bishop of Winchester — His hospitality — His 
fondness for birds and flowers — David Pollock — General 
Pollock — Anecdote — Boulogne-sur-Mer — An old Irish officer 
— Alderman Kennedy — Charles Dickens — Albert and Arthur 
Smith — Dr. Elliotson — Passage from Boulogne — Mrs. Milner 
Gibson's parties — Mr. Justice Crowder 207 

CHAPTER XX. 

MURDER OF MR. DROMMOND. 

Sir Nicholas Tindal — Trial — Defense upon the ground of insanity 
— Acquittal — Indignation of the public — Proceeding in tne 
House of Lords — Dicta of the judges — Extensive existence 
of insanity — Anecdote of a lunatic — What principle ought 
to apply in legal questions — Case tried before Baron Alder- 
son — Case of Mrs. Ramsbottom — Her trial — Jury discharged 
— Her death — Discovery afterwards — The case of Mrs. 
Thwaites — Her extraordinary delusions — Trial before Lord 
Penzance — Verdict — Reflections thereon — The Probate 
Court — Creswell the first president — Lord Penzance — Sir 
James Hannen 220 

CHAPTER XXI. 

TRIAL OF BARBER AND FLETCHER. 

The trial of Barber and Fletcher — Baron Gurney the judo-e His 

severity — Attack upon him by Wilkins — Gurney's original 
views — The Christian names of his children — Russell Gurnev 
Recorder of London — Second trial of Barber — Mr. Justice 
John Williams — Mr. Erie — His conduct of the prosecution 



X yiii CONTENTS. 

PAGB 

— Unjust verdict — Sentence — Pardon — Anecdotes of Wil- 
liams — Character of Erie — Last cause tried by Erie — His 
benevolence — Petersfield election committee — Distinguished 
members of the Western Circuit — Sir John Karslake . . 233 

CHAPTER XXII. 

CAMPDEN HOUSE FIRE. 

Campden House — Mr. and Mrs. Woolley — -Fire — H^ouse destroyed 
— Insured to the amount of 30,000Z. — Action against insur- 
ance companies tried at Croydon assizes — Amusing incident 
— Lodgings at Croydon — Madame Titiens — Objection to her 
by my landlady — Signor Giuglini — Star and Garter — Balfe — 
Miss Balfe — Mowbray Morris — -Delane — Meeting at Dr, 
Quain's — Charles Lever — The Arditis 242 

CHAPTER XXIII. 



Evans's — Paddy Green — Herr von Joel — Habitues at Evans's — 
Thackeray ■ — - Dickens — Albert Smith — Shirley Brooks — 
Douglas Jerrold — Robertson — Mr. Barry — Prince Maxi- 
milian — Mr. Bowlby — Planche — Charles Mathews — Miss 
Priscilla Horton — History of an acrobat and scene with a 
gymnast — Mr. Sterling — Character of chorus girls — An old 
Pantaloon — Incident behind the scenes — Drive from Green- 
wich- "Punch" 249 

CHAPTER XXIV. . 

ILLUSTRIOUS VISITORS. 

Unexpected visitors — Louis Napoleon — Count D'Orsay — Object 
of their visit — Louis Napoleon swindled — Obstinacy of the 
Prince — My opinion of him — Prosecution — Failure — Courtesy 
of the Count — Interview with the Prince at the races — Baroii 
Alderson — His humanity — Mr. Humfrey, Q.C. — His suffer- 
ings and death — Lawrence — Sir John Jervis — Maule — Sir 
John Paul — Bon mot — Lady Blessington — Lord Beacons- 
field — Bulwer — Death of Lord Beaconsfield — Dr. Quain — 
Montagu Corry . . 261 



CONTENTS. x j x 

CHAPTER XXV. 

LORD LYTTON. 

PAGE 

Introduction to Lord Lytton — Alleged theft of papers— His 
fondness for animals — Deafness — Trial of accused — Acquittal 
— Intercourse with Lord Lytton — His character— His works 
— Their continued popularity — Consulted by him — Tendency 
to the supernatural — " Guy Mannering " — Mr. Const — Anec- 
dote told of Sir Astley Cooper — Lytton interested in criminal 
matters — Foundation of his novels — Anecdote of Fauntleroy 
— Lord Lytton fond of whist — His superstition — Last time I 
met him — Macaulay — Portland Club — Different members — 
Crimean War — War correspondents — Losses — Colonel Good- 
lake — Mr. Greville 269 

CHAPTER XXVI. 

CURIOUS TRIAL FOR MURDER. 

Miss Banks — Living at a boarding-house — Becomes acquainted 
with a medical man and his wife — Intimacy — Leaves the 
boarding-house— Marriage— Goes to live at Richmond— Be- 
comes ill — Attended by two doctors — Becomes worse — Physi- 
cian sent for— Dies on May 3, having previously made a will 
in husband's favor — Arrest of husband — Letter from accused 

— Conviction of Dr. Smethurst — Mistake of Dr. Taylor 

Probable origin— Death of a Mr. G .—Curious statement. 285 

CHAPTER XXVII. 

THE PELLIZZIONI TRIAL. 

Disturbance in a public-house— Harrington stabbed— Afterwards 
died — Tried at the Central Criminal Court — Mr. Baron Mar- 
tin the judge — Conviction — Interference on his behalf— Con- 
fession of Mogni— His trial— Pellizzioni tried for wounding 
Rebbeck— Conduct of the police — I receive a visit from the 
Marquis D'Azeglio— Another case of police evidence and 
trial for perjury _ 299 

CHAPTER XXVIII. 

STATE OF REGENT STREET. 

Condition of Regent Street— Charges by the police— Mr. Knox— 
Removal of the division — I am taken into custody — Sir 



xx CONTENTS 

PAGB 

Alexander Cockburn — Complain to the Commissioner — An- 
swer — Pretended witness — Prosecution of a constable — High- 
handed proceedings — Imprudent publicity of police proceed- 
ings — Kingston Hill murder — Coroners' courts — Thames 
Police Court — Hodgson and Abbott, the Brewers — Irish and 
Jews — Aaron Smith — Change of court and practice — My 
father and the Home Office — Position of magistrates . . SOS ■ 

CHAPTER XXIX. 

ELECTION COMMITTEES. 

Parliamentary practice — Coppock — Cockburn — Harrison and Joy 
— Anecdote — Serjeant Merewether — Henry Merewether, 
Q.C. — Hope Scott — Beckett — Denison — Rodwell — Election 
committees — Prosecution for bribery — The ballot — Its insuffi- 
ciency — Mr. Justice Fitzjames Stephen — Waddington — Locke 
— Tipperary petition — Anecdote — Archbishop of Cashel — Ex- 
tensive bribery — Anecdote— Bristol petition — Witness suc- 
cessfully cross-examined — Trial at Bristol Sessions — Serjeant 
King-lake — Mr. Collins — Montagu Williams — Ribton — Ob- 
stinate juryman — Acquittal of accused 319 

CHAPTER XXX. 

ELECTION JUDGES. 

Election judges — Martin — Lush — Willes — Blackburn — Mellor — 
Grove — Bradford — Petition against Forster — Successful ter- 
mination — Letter from Forster to myself — Westminster — 
Petitions — Decision for Smith — Lush — Bramwell — Black- 
burn — Hastings petition — Mr. and Mrs. Brassey — Wallingford 
— Petition against Vickers — Sir Charles Dilke — Interest taken 
by the ladies — Awkward position of the judge — Scruples of a 
brewer — Decision in favor of the seat — Petersfield petition — 
Tamworth petition — Justice Willes — His extraordinary con- 
duct — Attack upon me — His denial of intention — Letter from 
Mr. Peel — His statement — My opinion of Mr. Justice Willes 330 

CHAPTER XXXI. 

THE UNION CLUB. 

The Union Club — Its date — The first meeting — Mr. Raggett^ 
manager — Numerous peers members — Committee of five, in- 
cluding Sir Robert Peel— Plot of ground parohased — House 



CONTENTS. xx i 

PAGE 

built— Became member in 1852 — Sir John Jervis — Lord Jus- 
tice Bruce — Montague Chambers — Selwyn — Justice Byles — 
Messrs. Goslings — Mr. Veasey — Anecdote of my mother — Sir 
Frederick Slade — Sir Henry Webb — Sir Thomas Henry — Sir 
John Bayley — Mr. Justice Maule — Death of Henry — Anec- 
dote of the Bishop of Bath and Wells — Anecdote of a Derby 
Day — Anecdote of two barristers — Position of one of them . 342 

CHAPTER XXXII. 

MADAME RACHEL. 

Madame Rachel — Her Visits to Drury Lane Theatre — Her shop in 
Bond Street — Her extortion— The Beauty — Imposition upon 
her — Causing her arrest — Interference of friends — Prosecu- 
tion of Madame Rachel — Use of a nobleman's name — Im- 
prisonment of Madame Rachel — Afterwards took to her 
old courses — Again Imprisoned — Death — Murder of De la 
Rue — Curious conduct of the murderer — Mysterious letter- 
Trial — Interview with Hocker — Found guilty — Case of Franz 
Miiller — Lefroy — Trial at Guildhall — Morrison v. Belcher — 
" Zadkiel's Almanack " — Pretenses of Morrison — Dr. Robinson 
— Prophecies — Cockburn — Sir Edward Bulwer Lytton — 
Admiral Belcher — Mr. Slade — Middlesex magistrates — Mr. 
Edlin \ 350 

CHAPTER XXXIII. 

RISK ALLAH. LANDSEER. COCKBURN. 

Risk Allah Bey — Landseer — Cockburn — Thackeray's allusion to 
foreigners — Curious story of Risk Allah — His marriage — The 
death of his ward — His trial for murder at Brussels, and also 
for fraud and passing forged notes — Action against " Daily 
Telegraph " — Damages — Brings another action for the loss of 
3,000Z. in specie — Extraordinary story — Defendants an insur- 
ance company — I was counsel for them — Jury discharged — 
Action never renewed — Serjeants' Inn, Fleet Street — Resi- 
dents there — Sir Thomas Wilde — Case of Small and Atwood 
— Anecdote — Unpopular sentences— Meeting at Wiesbaden 
— Lord Truro — Sir Frederick Pollock — Matthew Davenport 
Hill — Martin appointed judge 360 

CHAPTER XXXIV. 

MR. LANDSEER. 

Club at the Piazza — Mr. Landseer — Meeting with Sir Edwin — 
His works — Am his counsel — Action by a tailor for the price 



xx ii CONTENTS. 

PAGH 

of a coat — Sir Edwin tries it on in court — His demeanor — A 
tailor on the jury — Amusing tableau; great laughter — Wil- 
liam Harrison Ainsworth — Pleasant party — Jack Sheppard 
— Dudley Costello — Ainsworth' s truthful prophecy — Lola 
Montez — Her Marriage — Charge of bigamy — Bean firing at 
the Queen — Her self-possession— Defend Connor and Good 
also — Captain Charitie — Mr. Healy — Am counsel' for him — A 
soldier flogged to death — Flogging proper for certain culprits 369 

CHAPTER XXXV. 

CHIEF JUSTICES. 

Chief Justices Tenterden, Denman, Campbell, Cockburn — Curious 
mistakes of Campbell — Anecdote of Tenterden — Baron 
Richards — Character of Cockburn — As an advocate — Great 
powers — Often opposed to Thesiger — Became member for 
Southampton — Great speech in Parliament — His promotion — 
Not equal as a judge — Too hasty — Humane — Knowledge of 
modern languages — Death of Phinn — Visit shortly before 
Cockburn's death — Mr. Walsh — Schoolfellow with me at St. 
Paul's — Lunatic asylums — Description by Charles Reade — 
Insanity 378 

CHAPTER XXXVI. 

EXTRAORDINARY WILL CASE. 

Extraordinary will case — Brought before numerous tribunals — 
Pretense of finding codicils in different places — Great im- 
probability — Question of handwriting — Codicils all disputed — 
Serjeant Hayes with myself for defense — His humorous 
speech — Summing up of Cockburn — Action upon three prom- 
issory notes — Somewhat similar in their circumstances — 
Tried before Baron Huddleston — Jury discharged — After- 
wards before Lord Chief Justice Coleridge — Verdict for de- 
fendants — Doubts as to evidence of handwriting . . . 387 

CHAPTER XXXVII. 

AN APOLOGY TO MY READERS. 

An apology — Entry in diary — First meeting with Charles Dickens 
— Sir Charles Forbes — My brother — Another entry — En- 
gagement to be married — Dr. Croly — Mr. Stutfield — Mrs. 
Croly — Her opinion of her husband — Alderman Gibbs — 



CONTENTS. xx iii 



PAGE 

Planche — Madame Vestris — Tom Duncombe — Wakley — Ser- 
jeant Spankie — Bon Mot — Anecdote of Duncombe — Horace 
Ciaggett — Miss Day — Regimental joke — Planche's extensive 
knowledge of the theatre — Mr. and Mrs. Frank Matthews . 397 

CHAPTER XXXVIII. 

THE MAYOR OF CORK. 

The Mayor of Cork — Attempt to murder the Duke of Edinburgh 
— Daniel O'Sullivan — His conduct — Approval of the attempt 
— Disgust of society — Action of the House of Commons — I 
am appointed counsel to the House — Resignation of the Mayor 
— Meeting with two old friends— The Hon. James Stuart 
Wortley and Paddy Green — Wortley — Character and career 
— Horace Pitt — Countess of Wicklow — Claim of peerage for 
an alleged son — I am retained — Return retainer — Case taken 
to House of Lords — Fraud exposed — Horace Pitt became Lord 
Rivers — Death of his wife — Subsequent marriage — His belief 
in the Claimant — His death 406 

CHAPTER XXXIX. 

VIVISECTION. 

Occasional recklessness — Opinions of Sir William Fergusson — 
Also of Mr. Richard Holt Hutton — Articles in the " Nineteenth 
Century " review — Sir James Paget — Professor Owen — Dr. 
Samuel Wilks— Their opinions — Difference between Fergus- 
son and Paget — Difficulty of fair discussion upon the subject 
— Calculated to induce speculative operations — Value of 
evidence — Recent case — Operation upon cats and monkeys 
— Conduct of students . - 413 

CHAPTER XL. 

THE TICHBORNE BARONETCY. 

Marvelous story — Enormous amount expended in defense — 
Chief Justice Bovill — Cockburn — Kenealy — Sketch of Sir 
Roger's early days — Goes to Stony hurst — Aftewards to Paris 
— Then into the Carabineers — Quitted England — Went to 
Rio de Janeiro — -Embarked for England on board the "Bella " 
— Narrative of Claimant — Saved from the wreck— And 
landed in Australia — Lives in poverty — Marries — In business 



xx i v CONTENTS. 



PAGE 



as a butcher in Wagga Wagga — Death of Sir Roger's fathei 
— Advertisement for lost son — His arrival in London — Visit 
to Wapping— Retainer of Mr. Holmes — Recognition by Lady 
Tichborne — My impression of his appearance— I had an in- 
terview with Lady Tichborne and accepted retainer for the 
Claimant 420 

CHAPTER XLI. 

COMMENCEMENT OF PROCEEDINGS IN THE TICHBORNE CASE. 

Affidavits filed — Tattoo marks not mentioned — Claimant cross- 
examined — Employment of Chancery barrister — No question 
put about tattoo marks — Absurd excuse if fact was known — 
Improbability of solicitor or counsel for Claimant going on 
with the case if such a fact had been proved — Commence- 
ment of suit in Common Pleas — Counsel engaged — Jury — 
Case might have been stopped earlier than it was — Claimant 
called — Cross-examination — Address of Solicitor-General — 
Witnesses — I submit to a non-suit — Closing scene — Com- 
mittal of Claimant — Doubtful propriety of this course . . 427 

CHAPTER XLII. 

INDICTMENT OF CLAIMANT. 

Before Cockburn, Mellor, and Lush — Hawkins and Parry for the 
prosecution — Dr. Kenealy for the defense — Character and 
conduct of Kenealy — " The Englishman " — Kenealy's calum- 
nies — Prejudicial effect upon Claimant — Imprudent conduct 
of case — Proper mode of conducting it — Important effect of 
Lady Tichborne's recognition — Paris witnesses — Kenealy's 
imprudence — Mr. MacMahon — Retirement of Mellor — 
Death of Lush 436 

CHAPTER XLIIL 

LORD WESTBURY. 

Kindness to myself — Vote of censure upon him — His resignation 
— Verdict of manslaughter against his brother-in-law — 
Defended by Cockburn — Kind behavior of Bethell — Immedi- 
ate acquittal — Middle Temple .library — Trial of Hopley 
— Shocking brutality — Conviction — His brother — Instance of 
Cockburn's sense of justice — Mr. Scherer — Laboriousness of 
Cockburn — Blackburn — A great Judge — Fracas with High 
Sheriff— High Sheriff fined 442 



CONTENTS. XXV 

CHAPTER XLIV. 

CRIMINAL COURTS AND CRIMINAL JUDGES. 

PAGE 

Baron de Vidil — Assault upon his son — Trial before Blackburn — 
Conviction — Trial of Karl Frantz — Acquittal — Amalgamation 
of the Common and Equity law — Equity barristers in 
criminal courts — Difference between civil and criminal juris- 
dictions — Want of Appeal Court — Reference to poisoning 
case — Certain axioms — Criminal Code Commission — Theory 
of a criminal court — System of transportation — Unfortunate 
position of convicts under present system .... 451 

CHAPTER XLV. 

THE TRIAL OF THE GAEKWAR OF BARODA. 

I am retained — Retrospect necessary — Voyage to India — Great 
changes — P. andO. Company — Incidents of a wreck — Captain 
~Mackeson — Sir Richard Garth — Journey to Brindisi — Voy- 
age to Alexandria — Train across the desert — The "Australia " 
— Captain Murray — Brides — Accident to a dog — The Southern 
Cross— Curious appearance — Aden — Arrival at Bombay — 
Kind reception — Messrs. Jefferson and Payne — Bycullah 
Club — Parsee cemetery — Chisholm Anstey .... 459 

CHAPTER XLVI. 

* TRIAL OF THE GAEKWAR. 

Trial of the Gaekwar — I leave Bombay for Baroda — Its extent — 
Origin of the name Gaekwar — History of country and 
monarch — Journey by train — Kind reception upon the road 
and upon arrival — Our residence — Mrs. Scobell — Flower 
garden — Excessive heat — Monkeys — Parrots — Cobras — 
Town of Baroda — The population — Heaviness — Cheetahs — 
Highland dress of regiment — Camels — Elephants — Tigers — 
Her Majesty — Gracious reception — -Kindness of Mr. Branson 
— Presents of fish and fruit — Sir Lewis Pelly — His hospitality 
— English regiment — Docility of a partridge .... 470 

CHAPTER XLVII. 

THE MEETING OF COMMISSIONERS. 

Meeting of Commissioners — Intense heat — Trial commenced — 
Scindia — Sir Dunker Rao — The Maharajah of Jeypore — Sir 



xxvi CONTENTS. 



FA OB 



Richard Couch — Sir Richard John Meade — Counsel for pros- 
ecution — Counsel for defense — Picture of the Gaekwar — 
Conduct of trial — Evidence of Colonel Phayre — His character 
— Complaint of his conduct — His dismissal — Charge of poi- 
soning — His extraordinary account — Not adverted to in the 
judgment — Phayre's telegram — His letter — Dr. Seward — 
Bowh - Poonaka — Dr. Seward's interference— Insult to the 
Gaekwar . 480 

CHAPTER XLVIII. 

CONTINUANCE OF THE TRIAL. 

Continuance of trial — Curious discovery — Raoji's belt — Hemchund 
Futeychund — His credit disputed by the English Commis- 
sioners — Believed by the natives — No real attempt at poison 
— Object of discovering the parcel of arsenic — Damadhur Punt 
— His object in giving evidence — Feeling of the audience at 
his evidence — Result — Reasons given — Documents published 
by Mr. Aitcheson — Charge against English press — Untrue — 
Curious decision of Government — Kind conduct of the Gaek- 
war— Now in the custody of Seward 488 

CHAPTER XLIX. 

TERMINATION OF THE TRIAL. 

Termination of trial — Pleasant life during its continuance — De- 
parture — Voyage home — My embarkation — Met by a large 
concourse of natives — Bidding me adieu — Handsome testimo- 
nial — Present of his portrait from the Gaekwar — Meet Sir 
Lewis Pelly in London — He dines with Sir Napier Sturt and 
myself at the Garrick Club — His Royal Highness the Prince 
of Wales honoring us with his company .... 496 

CHAPTER L. 

GENERAL REVIEW. 

State of the Law fifty years ago — Gross Abuses — The Marshalsea 
-Jacob Omnium — Small number of Queen's Counsel — Ser- 
jeants' Inn — Abolition without due consideration — Eminence 
of Equity Barristers— Unfitness to preside in Criminal cases 
— Grounds of this unfitness — Different trials — Wrong verdicts 
— Court of Criminal Appeal necessary — Grounds for its adop- 



CONTENTS. xxvii 

PAGB 

tion — Courtesy between Bench and Bar — Connection be- 
tween Serjeants' Inn and the City — November 9 — Sir Thomas 
Chambers — His absurd blunder — Serjeant Woolrych — St. 
Paul's — Sir John and Lady Holker — Stony hurst — A con- 
scientious clergyman — Lord Justice John Holker — His death. 502 

CHAPTER LI. 

SOME FURTHER TRIALS. 

Duel between Mirfin and Elliot— Trial of the seconds — Found 
guilty — Pugilism — Formerly creating admiration — Juries un- 
willing to convict — The decadence of pugilism — Unfairness — 
Sayers and Heenan fight — Acrobats — Brutal exhibition — 
Letter from tbe Queen — Union Club — Tom Holmes — Lord 
Lowtber — Lord Rivers — Fraudulent ballot— Eccentricities in 
clubs — Anecdotes — I become possessed of a letter of the 
Duke of Wellington to my father — The Union a non-polit- 
ical club 513 

CHAPTER LII. 

LAST CHAPTER. 

Mr. Teesdale — His son — A most valuable client — Incident in poi- 
soning case — Anecdote of a Chairman of Quarter Sessions — 
Advantage of clerical advice — Mr. Serjeant Thomas — Serjeant 
Wilkins's anecdote — Anecdote of Mrs. Thomas — Gratifying 
letter — Photograph of Homburg Spring — Young Boucicault 
— Melancholy end — Majority of criminals — The fair Alice — 
Lord Frankfort — Trial of Alice — Acquittal — Adolphus — Her 
engagement at a theatre — Her subsequent career — Another 
trial — A beautiful girl — Awkward position for a gentleman 
— Her trial- -Conviction — Transportation — Marriage — Con- 
vict wives 522 

APPENDIX 531 



SOME EXPERIENCES 



OF 



A BARRISTER'S LIFE. 



CHAPTER I. 

AUTOBIOGRAPHY. 

T_ T OWLAND STREET, Tottenham Court Road, 
*■ -*- was, as I have heard, the place of my birtn 
My first memories, however, are of a farm-house — I 
have none of how I got there. I remember a large 
yard, and plenty of straw to roll about in ; the pigs 
and the poultry were my earliest friends, freedom and 
fresh air my happiness. It was at Warboys, a small 
village in Huntingdonshire. The property belonged 
to my mother, who was a native of Somersham in the 
same county. 

These happy days were terminated by a long jour- 
ney. Stuffed inside a coach, I was sick and miserable, 
and was scolded for being troublesome. I remember 
perfectly being deposited in a dull, dreary home, which 

1 



2 CHILDHOOD. 

I now know was No. 1 Serjeants' Inn, Fleet Street, 
and have a distinct impression how sour the bread 
tasted. It is strange that so trivial a circumstance 
should remain upon the memory when many much 
more important are obliterated, and it is only on that 
account that I have thought it worth recording. 

From this period my mind is a blank, until I was 
sent to a school at Fulham, kept by two maiden ladies 
of the name of Batsford. I have no recollection of 
what I learned, or how I was taught; but the Sun- 
days passed there have remained graven on my mind: 
Marched, two and two, to the parish church, clad in 
our best clothes, and encased in a sort of moral strait- 
waistcoat; cramped up in a narrow pew, prayer-book 
in hand, listening to what we could not understand, 
we strove, often ineffectually, to keep awake, know- 
ing that if we yielded to drowsiness we forfeited our 
share of the pudding — sole pleasure of the day. 

Oh ! how I envied the swallows, as they flitted 
across the windows in joyous sport, reveling in the 
blessings given them by Grod, and forbidden to us upon 
the day sanctified by Him. I do not remember how 
long I remained under the charge of these ladies, of 
whom I still retain kindly recollections. 

My father had originally been in the army, but at 
the period of my birth had been recently called to the 
bar. He carried on his profession, as well as resided, 
in Serjeants' Inn, Fleet Street. My mother, at the 
time of her marriage, was a young lady of wealth and 
position in Huntingdonshire. The house in which 
we dwelt was the reverse of lively, and I fancy that 
my father's fortunes were not at that time prosperous. 



FIRST PANTOMIME. 3 

My mother was a most excellent and pious woman, 
and carried out with conscientious rigor the views of 
Sunday which had prevailed at our school. I was 
taken regularly to the Temple Church, and never 
will the memory of the hours passed within those 
solemn walls be effaced from my mind. Under the 
influence of the Rev. Mr. Eowlett, a most worthy but 
not enlivening clergyman, I too frequently yielded to 
the sleepy god, and for doing so received present pun- 
ishment and was promised a terrific future A worthy 
old nurse, of the Baptist persuasion, who would not 
willingly have hmrt a fly, helped to fill my soul with 
terrors ; and at the top of our dreary house, in a lonely 
bedroom, the memory of my offenses and the antici- 
pation of their penalty drove me nearly frantic. 

Unheard and unpitied, I many a time cried myself 
to sleep. The relation also of any horrible crime used 
to produce a most painful effect upon me in my lonely 
moments, and I particularly remember hearing talked 
about the murder of a Mrs. Donathy, an old lady liv- 
ing in James Street, Bedford Eow. It caused a great 
sensation at the time, and it is wonderful, after a long 
lapse of years, how vivid my recollection of it is. The 
thought of it was present to me at night, and every 
noise conjured up a murderer to my imagination. Such 
memories remain — perhaps, also, their consequences. 

The Temple Gardens relieved the monotony of 
our domicile, but even there I felt that the lynx eyes 
of the gardener were watching my every movement. 

I cannot say what period of my life was thus occu- 
pied, but I remember one magical and delightful event. 
I was taken to see a pantomime. How wonderful it 



4 BROADSTAIRS. 

was, and how beautiful ! I have never forgotten it. 
I even now remember a scene in which, in a snow- 
storm, Baron Munchausen fastened his horse to the 
steeple of a church, mistaking it for a gate, and the 
next morning, the snow having melted, there was the 
steed dancing upon air. Great was my ecstasy when 
the Baron, taking aim with his gun, separated the 
reins from the steeple, and the horse came tumbling 
down. And there was another welcome treat in my 
existence, when I went on a brief visit to one of my 
father's sisters. She lived at Wimbledon, and was 
married to the Rev. Joshua Ruddock, who prepared 
a few lads for the University. With what pleasure 
I recall my aunt's loving hospitality, the delight of 
roving on the Common and over the Danish Camp, 
the little present of books long looked forward to 
which terminated my happy sojourn. 

Once my brother and myself were taken to the sea- 
side — Broadstairs, afterwards a favorite resort of 
Charles Dickens. The mode by which this pleasant 
watering-place was then reached was by two steam- 
packets. I remember their names — the "Engineer" 
and "Majestic." They had nearly superseded the 
old Margate hoys, which, however, like the stage- 
coaches with the railways in a future generation, were 
then maintaining a hopeless contest with their formi- 
dable rivals. I believe that these were the first steam- 
ers upon the Thames, 1 and- were allowed to die a 
natural death at a mature age, after a prosperous 
career. Their successors, although not extinct, have 
to a great extent yielded to the convenience and speed 

1 They were certainly the first that ran to Margate. 



ST. PAUL'S SCHOOL. 5 

of conveyance by rail, and now, of the many thou- 
sands who in the course of a year visit the Isle of 
Thanet, only a small proportion select this very agree- 
able mode of reaching it. 

On the morning following our arrival at Broadstairs, 
which had not been until late on the preceding even- 
ing, for the first time the broad expanse of the ocean 
disclosed itself to my astonished senses. I can but 
inadequately describe the sensation it occasioned. It 
must have been calm, with a summer haze hanging 
lazily over its surface, whilst to my unaccustomed eyes 
distant vessels seemed suspended from the sky. Once 
only, since that time, have I experienced the same feel- 
ing of wonderment and awe, and that was when, many 
years after, the view of a long range of snowy moun- 
tains burst upon my vision. On such occasions as 
these something seems added to our nature, exalting 
and purifying it. The sands, too, were a source of 
intense enjoyment. But most of my readers have had 
this illustrated by means more vivid than words, in 
the happy faces of the urchins playing upon the 
beach. Many pleasant hours have I since passed in 
the same locality : but what can ever replace the joy 
ousness that knows no remorse for the past or fear for 
the future! 

A contrast came only too soon: the blackest and 
most odious period of my existence arrived — I was 
sent to St. Paul's School. The bouse was then stand- 
ing where it does now in the church-yard ; but, 
shortly after I entered, the school was removed to 
Aldersgate Street whilst the present building was 
being erected. 



Q TYRANNY OF MASTERS. 

I was a day scholar. 1 There were four masters, 
all clergymen. Dr. Sleath was at the head. Of him I 
knew nothing except by sight, never having reached 
the classes over which he presided. He was a man 
of portly presence, a good scholar, I believe, and much 
respected. Bean, Edwards, and Durham were the 
three other instructors, and, however different these 
were in many respects, they possessed one common 
attribute. They were all tyrants — cruel, cold-blooded, 
unsympathetic tyrants. Armed with a cane, and sur- 
rounded by a halo of terror, they sat at their respect- 
ive desks. Under Durham the smaller boys trembled ; 
Edwards took the next in age. Each flogged contin- 
uously. The former, a somewhat obese personage, 
with a face as if cut out of a suet-pudding, was sol- 
emn in the performance of this, his favorite occupa- 
tion. The Rev. Mr. Edwards, on the contrary, though 
a cadaverous-looking object, was quite funny over the 
tortures he inflicted. Trois Echelles and Petit Andre', 
the executioners of Louis XI., so admirably described 
by Walter Scott in his novel of "Quentin Durward," 
treated their victims after a similar fashion. One of 
the favorite modes of inflicting pain adopted by these 
tyrants was, when the boys came in on a winter's 
morning, shivering and gloveless, to strike them vio- 
lently with the cane over the tips of their fingers. I 
nearly learned at that school the passion of hatred, 
and should probably have done so but that my mind 
was too fully occupied by terror. Bean was a short, 
podgy, pompous man, with insignificant features. His 
mode of correction was different in form, and I can 

1 Some boys boarded with the masters. 



THE PRESENT SCHOOL. 7 

see him now, with flushed, angry face, lashing some 
little culprit over back and shoulders until nis own 
arm gave way under the exertion. Amongst the 
amusements of this gentleman, one was to throw a 
book — generally \Entick's Dictionary, if I remember 
rightly — at the head of any boy who indulged in a 
yawn, and, if he succeeded in his aim, and produced 
a reasonable contusion, he was in good humor for the 
rest of the day. I have met them all three since my 
school days, and found them shallow and ignorant, no 
doubt with plenty of Greek and Latin in their heads, 
but without knowledge of human nature or power of 
appreciating the different dispositions of their pupils. 
All that was necessary for them to know was that 
they were capable of suffering. I have heard that of 
late years the school has been admirably conducted, 
and has turned out brilliant scholars; but I am not 
aware that any of my contemporaries obtained in their 
subsequent careers great distinction. There were, of 
course, the ordinary catalogue of minor nuisances in 
the shape of very good boys and very great bullies. 
I was always badly dressed, and seldom had any 
money in my pocket. This was no fault of my poor 
mother, and I fancy, as I have before hinted, that at 
that time the res angusta pervaded our household. 
It is a bad thing for a boy to be sent to a school in a 
worse plight than his fellow-pupils : it is apt to breed 
meanness in himself, and invariably subjects him to 
tyranny from others. Of the latter I underwent my 
full share. I suspect I was a bit of a coward ; I 
know I hated fighting. There was a fat brute named 
Thompson who used to thrash me unmercifully, but 



8 REMOVAL TO HA MP STEAD. 

one afternoon I hurt his head with a leaden inkstand^ 
and, although I got well caned for this little accident, 
I found it had a good effect on my boy persecutors. 

I may mention that during the time I was attend- 
ing this school my father had removed from No. 1 to 
No. 6 in the same Inn, and that amongst its other in- 
habitants were Serjeant Wilde, afterwards Lord Truro, 
Frederick Pollock, afterwards Chief Baron, and Mr. 
Jervis, a Welsh judge, father of the future Chief Jus- 
tice of the Common Pleas of that name. 

On my way to school I had to pass an ancient inn, 
called the " Bolt in Tun." It was situated on the 
south side of Fleet Street. Its sign as well as name 
breathed memories of the past — The Arrow into the 
Target. There was generally a four-horse coach 
standing opposite its gateway". How I lingered, gaz- 
ing with admiring eyes at coachman and horses ! How 
I envied the passengers ! They were about to quit 
smoky London and breathe the fresh air of the fields. 
They had no dread of the cane descending upon 
frozen fingers. I knew what would be my fate ; 
but still I looked and longed, and turned to take one 
look more. I could not picture unhappiness in the 
hearts of the passengers. I ran on to my gloomy 
lot, hoping not to be late ; but if I were, that I should 
get some warmth into my trembling hands. 

After I had been at St. Paul's some four or five 
years, my father took a house at Hampstead, and, to 
my great joy, I was sent to a school at Blackheath, 
called Ashburnham House, kept by Mr. Wigan. 
This gentleman was a scholar, and both kind and 
considerate to his pupils. He had a brother, a physi- 



MR. PL ATT. . 9 

cian in Finsbury Square, 1 and his sons Alfred and 
Horace, subsequently distinguished actors, were 
amongst my fellow-pupils. The school was not finan- 
cially a success, and broke up. »I went afterwards 
to another private school at Hampstead, kept by 
worthy people named Johnson, and in the air of this 
most pleasant of surburban places I soon regained 
my spirits and looked more contentedly upon life. 
Here I remained for some years, having little to re- 
cord until I commenced the graver studies of the law. 

And I now propose to sketch, very briefly, my 
career up to the time when I obtained permission 
from the Honorable Society of the Inner Temple to 
gain what livelihood I could in the position of a bar- 
rister. 

At the period when I was looking forward to this 
event, there might be seen in different parts of Lon- 
don an individual of somewhat eccentric appearance. 
He was a thin, active old gentleman, with powdered 
hair, and I believe a pigtail — certainly with knee- 
breeches and silk stockings. This was Mr. Piatt, 
clerk to the celebrated Lord Chief Justice, Lord 
Ellenborough, and father of Thomas Piatt, barrister- 
at-law, Queen's Counsel, and ultimately a baron 
of the Exchequer. This latter gentleman was a 
friend of my father, and kindly received me into his 
chambers, where I remained for some three months. 
He is worthy of a place in any legal records. Well 
educated, but with no commanding talent, with no 
pretense to eloquence, and starting from a compara- 

1 1 have mentioned this connection of Mr. Wigan in consequence of an 
utterly false account that I saw in a recent publication of the position of 
Mr. Alfred Wigan's parents. 



10 THE HONORABLE MR. LA W. 

tively humble position, by industry and perseverance 
and most upright and honorable conduct, he achieved 
the high position I have mentioned, with the respect 
of the public and? the profession. 

And yet, strange to say, he violated the obvious 
intentions of nature, and like Liston, the comedian, 
who imagined himself to have been intended foi 
tragedy, although essentially comic in the form and 
expression of his features, the subject of my sketch, 
with a face that seemed made to create laughter, 
would plant upon it the most lugubrious of looks. 
"Pray," said Lord Lyndhurst to him one day, "spare 
us that wife and twelve children face." Nevertheless, 
his appeals to the common juries were very effective. 
The following climax, which I remember, greatly in- 
creased the damages awarded to a young lady for 
whom he was counsel: "And, gentlemen, this ser- 
pent in human shape stole the virgin heart of my un- 
fortunate client whilst she was returning from con- 
firmation ! " 

The Honorable Charles Ewan Law, son of Lord 
Ellenborough, commenced a career at the bar about 
the same period as Mr. Piatt, and went the same cir- 
cuit, the Home, wkh every accompaniment to suc- 
cess except his own demeanor. He undoubtedly pos- 
sessed ability, but it was smothered by pomposity and 
vulgar pride. 

He signally failed at the bar, but his rank and con- 
nection obtained for him the office of Recorder of 
London, and he was thoroughly ashamed of the pat- 
rons who had placed him there. Although I do not 
consider that there is any merit in being humane, I 
still think it fair to say that in his administration of 



FELLOW PUPILS. H 

justice he was considerate and merciful. He was in 
Parliament, but never distinguished himself. I re- 
member, after Mr. Piatt became a judge, his presid- 
ing at the Central Criminal Court, Mr. Law being 
then in the inferior position of Recorder. 

After leaving Mr. Piatt's chambers, I went to those 
of Mr. William Henry Watson, at that time a pleader 
below the bar, who afterwards became a Baron of the 
Exchequer. His father was a general officer, and he 
had himself commenced his career in the army. He 
was, I believe, a good case lawyer, and had a large 
business. He received some ten or a dozen pupils, 
whom he permitted to learn what they could, and, 
judging by myself, this was very little. He was a 
gentleman, and a favorite with all of us. I have little 
to i ecord of the two years I passed in these chambers 
amongst a mass of papers, copying precedents of plead- 
ing which were a disgrace to common sense, and in 
gossip with my brother students, most of them as idle 
as myself. They were older than I was, and amongst 
them was a gentleman with whom I have remained 
ever since upon terms of intimacy. This was Mr. 
Joseph Brown. He was a very hard worker, and 
used to suffer grievously from the want of that qual- 
ity in the majority of his fellow-pupils. He became a 
distinguished leader upon the same circuit with my- 
self, and will go down to posterity as the admired 
author of the longest set of pleadings ever known. 
At the bar, his arguments have been most exhaust- 
ive, and never weakened by any approach to levity. 
Socially, his knowledge and learning render him a 
most delightful and improving companion, and ever\ 
one who knows him respects and likes him. 



12 CALL TO THE BAR. 

John Nodes Dickenson, another pupil, was also a 
hard worker, and, oddly enough, like myself, had been 
at the school kept by the Misses Batsford. He also 
joined the Home circuit, and he and I were accus- 
tomed to lodge together at Maidstone. He accepted 
early in his career a Colonia] judgeship. His brother, 
the eminent Queen's Counsel, has recently retired 
from the equity bar. 

Edward Rushton, familiarly called Ned, was a pu- 
pil of a different type. Much older than any of us, 
he had been an active politician, and amused us with 
tales of election contests. We believed him to be a 
great orator. Perhaps he was. Cobbett had given 
him the name of Roaring Rushton. He became af- 
terwards stipendiary magistrate at Liverpool, his na- 
tive place. 

Hamill, another pupil, obtained the post of a police 
magistrate of the metropolis. I must not forget, too, 
" Ben Hyam," whose real name was Marriott. His 
father was a magistrate, before whom a charge was 
made by a Turk, an itinerant vender of rhubarb, who 
had been robbed of all his earnings. The case was 
clear enough, and the thief ordered to be committed. 
The Moslem was told he must appear at the next ses- 
sions. He swore by the Prophet that he could not; 
upon which the magistrate, legally enough, ordered 
him to find bail for his appearance, which of course 
he was unable to do, and went to prison in default. 
The magistrate, ex debito justitice, admitted the pris- 
oner to the same privilege, of which he speedily 
availed himself. The sessions arrived, and, as might 
be expected, the thief did not. Ben Hyam, after the 
loss of his earnings and his liberty, was released 



DOUBTFUL COMPLIMENTS. 13 

What became of him I never heard, but his reflec- 
tions upon English justice could hardly have been high- 
er than those we entertain about an Eastern cadi. 
Hence arose the nickname bestowed on my friend 
Marriott, which he' retained to the day of his death, 
which occurred early. 

I have met with an account of the above incident 
as having occurred in Russia, but I can vouch for the 
accuracy of my statement, and that it occurred in 
London, about the year 1830. 

At last the labors which led to the bar and might 
lead to the woolsack were over. I had eaten the re- 
quisite number of dinners. A good appetite and good 
digestion rendered this not difficult, and there were 
pleasant young fellows, full of hope and high spirits, 
engaged in the same occupation with myself. 

The batch to be " turned off" were summoned to 
the bench table. We were each presented with a 
glass of wine, and a speech was made to us by the 
treasurer, giving us good advice and wishing us pros- 
perity in our forthcoming career ; and so we were 
launched upon the sea, looking then so calm, btft, alas ! 
too often engulfing pitilessly the brightest ventures. 
Upon these occasions unpleasant truths were some- 
times uttered, and on one of them a gentleman named 
Carden, who had to return thanks for his fellow-stu- 
dents, concluded by expressing his regrets that none 
of those who had wished them success were likely 
to live to see it. 

I propose in my next chapter to give a glimpse of 
London as I remember it during my pupilage, some 
of the scenes I witnessed, and the impressions they 
conveyed. 



14 POSTSCRIPT. 

POSTSCRIPT. 

I have been asked by some of my younger 
readers, "What is a Margate hoy?" and I fancy 
the term has slipped out of our vocabulary since the 
clays of which I have spoken. It was, as far as I 
know, confined to sailing vessels conveying pas- 
sengers to the port of Margate, and which were the 
principal means by which visitors reached that 
watering-place. 

When I wrote my sketch of St. Paul's School, I 
was not aware of three of my bar contemporaries 
having been educated there, and, although after my 
time, before the departure of Bean and Edwards — 
Sir James Hannen, the present Baron Pollock, and 
Dr. Pritchard, all men who confer distinction upon 
a school. The latter gentleman, however, has told 
me that the tyranny he experienced brought on a 
brain fever. I have also received a letter from Mr. 
Whitehurst, a surviving brother of the late amusing 
and clever correspondent of the Daily Telegraph 
newspaper, who was himself educated at St. Paul's 
School, more than confirming my account of the 
gross cruelty practised by the three tyrants I have 
described. It ought to be recorded, whilst referring 
to the school, that one of the most distinguished 
scholars of the age was educated there — the present 
Master of Baliol — and I have been told was greatly 
indebted to Dr. Sleath, from whom, however, he 
certainly did not derive those views which have 
rendered the name of Jowett more famous than 
even his eminent attainments. 



CHAPTER II. 

LONDON DURING MY PUPILAGE. 

1" N giving a description of the great metropolis pre- 
*- viously to my call, I shall confine myself as nearly 
as possible to the results of my own observation, and 
the impressions springing from it. Its surface and 
extent were very different from those which now 
present themselves to the view; bricks and mortar, 
marching in all directions, have eaten up many a 
green field and pleasant lane ; and palaces now cover 
what were unhealthy swamps or the noisome dwell- 
ings of the poorest classes. 

It is not, however, the changes only that meet the 
eye which have to be recorded. Science, literature, 
thought, have made prodigious strides, and many 
speculations are now openly discussed upon subjects 
which it would then have been thought impiety even 
to allude to. Steam, a sleeping giant, has been forced 
to work, and panting and puffing has brought people 
together, adding to their pleasures and enlarging their 
minds : and, wonder of wonders, more wonderful than 
any tale of magic, electricity has conquered space, 
and seems now to be pursuing a career to which there 
is no apparent limit. Some crimes have assumed 
larger proportions, and the present has been an age 
of daring and gigantic fraud. 

And yet in those days there existed men worthy 

15 



IQ WELLINGTON AND WALTER SCOTT. 

of any period in a great nation. The battle of Wa- 
terloo was fought in the year 1815, and the greatest 
general since the time of Marlborough was placed by 
the enthusiastic voice of the nation upon a pedestal from 
which in that capacity he has never been displaced, 
although as a statesman he was unpopular, and per- 
secuted by a thoughtless mob. Walter Scott had 
only recently published one of the most charming of 
his works, " Guy Mannering," which will for all ages 
delight young and old. Byron and Shelley had startled 
sober people by their wondrous poetry and reckless 
opinions. Great lawyers had adorned the bench, and 
the bold advocacy of Erskine had done much to ce- 
ment the liberties of the people, whilst crimes of 
stupendous atrocity were not without their represent- 
atives. 

The interests of medical science had created a body 
of men that have passed into oblivion. Like the 
ghouls of eastern story, they haunted grave-yards, and 
lived upon corpses, violating the tomb, and gaining a 
living by supplying the dissecting-table with its ghastly 
subjects. They were called resurrectionists. It oc- 
curred to a native of Edinburgh, named Burke, that 
an easier and more profitable method might be devised 
to attain the same end, and he and an accomplice 
named Hare established a system of assassination ; lads 
wandering about the street were little likely to be 
missed, there were few to inquire for them. They 
might be half-starving, but still their carcasses would 
serve the purpose of the surgeon's knife : and they 
must not be spoiled by external damage, and so these 
fiends, stealthily crawling behind them, pressed a pitch 



HARE, THE MURDERER. 17 

plaster over their mouths and noses, and thus suffo- 
cated them. They were then conveyed to the dis- 
secting-rooms and sold to the anatomists, fetching a 
good price, as, unlike many stolen from the grave, the 
bodies were comely and free from corruption. There 
appears to have been strange carelessness on the part 
of the recipients ; they knew that the class they were 
dealing with was infamous, and the appearance of the 
subjects ought to have created suspicion - 1 but it is fair 
to remember that probably those best able to form an 
opinion were not present at the earlier stages of the 
transaction. " To burke" has become a recognized 
word in the English language applicable to stopping 
a discussion. No one doubts that the study of anat- 
omy, pursued through the means of dissection of dead 
bodies, is most useful in the interest of mankind. No 
one will dispute the labor, thought, and skill that 
have been exercised in its practice, or the enormous 
benefits that have been attained by it ; and although 
there may be a sensational feeling against it, no real 
evil is inflicted by its exercise ; and the interests both 
of science and humanity fully justify its use. 

It is now some fifteen years ago that a man of mid- 
dle height and proportionately stout, clad in one of the 
ordinary white smocks worn by laborers, guided by a 
dog and holding in one of his hands a metal saucer, 
might be seen slowly perambulating the streets of Lon- 
don. His sightless eyes, turned upwards, appealed to 
the compassion of the passer by. This man was Hare, 
the accomplice of Burke, who had been admitted as a 

' The principal surgeon engaged in this traffic was obliged to leave Edin- 
burgh from the feelings excited amongst the populace. 

2 



IS VIVISECTION. 

witness against him. Subsequently to the trial he ob 
tained employment in another name upon some lime- 
works. His fellow-laborers found out who he was, 
and threw him into one of the pits, the contents of 
which caused him the loss of his sight. There was 
a woman who was accustomed to join him at the end 
of the day, and apparently accompany him to wherever 
he lived. 

I have often seen these two meet, but never no- 
ticed a smile on the face of either of them. 

The infamy of this crime was not confined to Scot- 
land. I remember, when a youth, I was taken to the 
Old Bailey to see two men tried for the murder of an 
Italian boy by similar means, and with the same object. 
It was the first time that I made my appearance in 
that court, and if I remember rightly I had a seat 
with the Ordinary. The names of these men were 
Bishop and Williams; they were both convicted and 
executed. 

In recording the above circumstances my mind nat- 
urally reverts to a practice which existed then as it 
does now, and which I believe is viewed by a great por- 
tion of the community with feelings of repulsion and 
horror. I need hardly say that I allude to vivisection. 
It is said that it promotes knowledge which is serv- 
iceable to the human race, and those who practice it 
defend it upon that ground. If this assertion were 
conclusively proved, which certainly is not the case, 
I should still protest against its use, and denounce it 
as a disgrace to a Christian land. The hypothesis 
upon which it is defended must be that the brain, 
muscles, and nerves of an animal are analogous to 



VIVISECTION. -.q 



those of a human being, and therefore will, under cer 
tain conditions, exhibit similar results. If so, vivi- 
sectionists apply to creatures formed like themselves 
tortures which the ingenuity of science has rendered 
more terrible than any invented by the savage. 

There can be no doubt that some of their victims 
do possess thought and memory, affection and grati- 
tude, that might shame their persecutors, but whether 
these qualities are developed in the same way or are 
dependent upon the same causes, must be matter of 
speculation. How can the vivisectionist know that 
when he touches some nerve which makes the un- 
happy creature writhe in unspeakable agony, the same 
effect would be produced upon the human frame? 
borne slight difference may create a complete error 
in the conclusion arrived at, and a human patient may 
be treated upon an erroneous assumption that his 
bram is worked upon by the same influences' as that 
of a dog. If, on the other hand, the assumption is 
that animals are differently formed from ourselves it 
is difficult to embrace the idea that their torture 
can produce beneficial consequences. I believe 
that speculation of a kind created by vivisection is 
more likely to lead to blundering than to benefit 
and the report which I have read of the inquiry be- 
fore _ the Eoyal Commission by no means removes 
the impression; but as I have already said, if it were 
proved to demonstration that some benefit might be 
obtained by it, the practice is not the less abominable 
and unholy. I believe that the true instincts of ev- 
ery pure heart will throb in sympathy with this feel- ' 
mg. As I write, my old collie, friend and compan- 



20 DUKE OF WELLINGTON. 

ion for the last ten years, is looking at me with his 
earnest brown eyes, as if thanking me for this hum- 
ble protest against the torture of dumb life. 1 

Having alluded to the Duke of Wellington, I may 
here mention that I once met him at dinner. He was 
then much aged, talked gravely and with great dis- 
tinctness, ate but little, drank no wine, and left early. 
He was a member of the Union Club when I joined 
it, and I have heard a story that he became a mem- 
ber of Crockford's, the famous gambling resort, that 
he might blackball his sons if they became candi- 
dates. Of course I had heard a great deal about him, 
after the fashion and with the accuracy usually ex- 
tended to children by their early informants. I re- 
member the touching anecdote of how he and that 
old Prussian warrior, Blucher, met upon the field of 
Waterloo and mingled their tears over the bodies of 
the slain. The well-known and much more probable 
story is told of the latter that, having been enter- 
tained at a city dinner, and thoroughly enjoyed its 
gorgeous hospitality, he delighted his hosts by his ad- 
miration of London, concluding, however, with the 
startling exclamation, " What a splendid city it would 
be to sack!" 

The Duke afterwards gave a dinner at Apsley 
House to the Tower Hamlets magistrates. I remem- 
ber that at the time the Duchess was ill, and the fear 
of her being disturbed prevented the picture gallery 
from being lighted up. I constantly met the Duke 

1 This dog when a puppy was given to me by Colonel Farquharson of In- 
vercauld, and I could record instances of his sagacity quite equal to many 
attributed to reason in a human being. 



HACKNEY COACHES. 21 

afterwards, and was always very graciously recog- 
nized. 1 

Streets at this period after dark blinked with the 
aid of oil lamps. A machine called a hackney-coach, 
licensed to carry six people, redolent of damp straw, 
driven by a still damper coachman, was the principal 
mode of locomotion. The driver was called a jarvey, 
a compliment paid to the class in consequence of one 
of them named Jarvis having been hanged. Omni- 
buses were unknown. 

Those stalwart figures in blue that are now to be 
seen lounging gracefully by area steps, were still im- 
bedded in the brain of Sir Robert Peel. Officers 
called Bow Street runners were supposed to catch 
thieves, with whom in their convivial hours they as- 
sociated. 

Watchmen — Charlies they were named — called 
the hours of the night, probably lest by some acci- 
dent they might disturb offenders. When middle- 
class people went to a play, or to some little distance 
out of town, they performed the operation in what 
was called a glass coach ; why so called I must leave 
to antiquarian research. It did not smell so much of 
straw as the hackney-coach, and the driver at some 
period or other may have washed himself. It was, 
however, an eminently respectable vehicle, and nat- 
urally, therefore, very slow and solemn in its move- 
ments, and its employment was a great event in the 
family. There sprang up, however, in my compar- 
atively early days, a dissipated-looking vehicle called 
a cab. It was formed of an open box placed upon two 

' Vide Appendix. 



22 THE CLERGY. 

high, wheels. This was for the passenger ; the drivei 
sat upon a board by the side. They were considered 
fast — not so much in motion as in character. How- 
ever, the necessity for locomotion does away with 
prejudice, and I have lived to see an archbishop in a 
hansom cab ! 

The Church was represented in the main streets 
of London by figures that exhibited a strange appear- 
ance to my juvenile mind. These were the bishops. 
They then wore white wigs, surmounted by a three- 
cornered hat called a shovel, a long silk apron, knee- 
breeches, and silk stockings, for which their legs sel- 
dom seemed well suited. I have often felt grateful 
that Queen's Counsel in their robes are exposed to the 
view of only a limited circle, and the very thought 
of walking through a crowded thoroughfare in my 
full-bottomed wig throws me into a cold perspiration. 
In the narrow places and by-ways men soberly 
dressed in plain, and sometimes threadbare, black, 
then, as now, brought consolation to the hovels of the 
poor and starving. These, a noble, self-denying race, 
are the working clergy, and are confined to no denom- 
ination. 

London did not boast of so many theatres as it 
does now, and the drama scarcely presented any sim- 
ilar features. Drury Lane and Covent Garden were 
then the principal, and, possessing certain privileges, 
were called patent theatres. The performers were 
described as Her Majesty's servants. The legitimate 
drama, the ordinary entertainment, was varied by 
farces — not pieces of buffoonery, but comedies in two 
acts ; and the pantomime at Christmas, then really 



PATENT THEATRES. 23 

justifying its name, was one of the institutions of the 
country. To those accustomed to the magnificent 
scenery, gorgeous decorations, and the semi-operatic, 
semi-burlesque displays now called pantomimes, the 
simplicity of their predecessors would be astonishing. 
They were played in dumb show, and a plot pervaded 
the whole. It was simple enough. In the beginning 
a benevolent fairy announced her intention of pro- 
tecting certain virtuous lovers, whilst a demon was 
bent upon their destruction. A tyrannical father and 
objectionable suitor were patronized by the latter. 
They constantly followed the virtuous pair, who as 
constantly eluded their grasp, whilst they themselves 
met with every kind of misfortune, until they became 
clown and pantaloon ; whilst the lovers were sprightly 
harlequin and columbine, still persecuted by their old 
enemies, until the good fairy made them happy in do- 
mains of bliss. The tricks and tumbling which char- 
acterized the performance were witnessed with shouts 
of laughter by the urchins who then crowded every 
part of the house, very different indeed from the grav- 
ity that now attends the representations. The panto- 
mime was usually preceded by such dramas as " Jane 
Shore" or " George Barnwell," whether with the idea 
of contrast or with a view of inculcating moral lessons 
I cannot say ; but inasmuch as the gods never allowed 
them to be heard, whatever the purpose was, it had 
no chance of succeeding. 

The names of Kemble, Edmund Kean, Miss 
O'Neill and many others adorn the theatrical annals of 
those days. I have seen the two latter, but must have 
been too young to appreciate them. I have a vivid 



24 THEATRES. 

recollection of Charles Kemble playing the " Incon- 
stant," in the comedy of that name, and every word 
and gesture of the actor, in his scene with the bravos, 
remain fresh upon my memory. Miss Foote was the 
heroine. How beautiful she was ! 

I have been frequently in the company of Charles 
Kemble ; and I remember on one occasion dining with 
him at the Garrick Club. He sat immediately under 
a life-like picture of a scene from a drama called the 
" Merry Monarch," in which he represented Charles II. 
Fawcett played Captain Copp, and one of the most 
charming of actresses, Maria Tree, played Mary. 
How well I also remember Miss Love, and the ballad 
of "Buy a Broom." However, fond as I am of the sub- 
ject, I must not weary my readers. Those who also 
like it, and there are many less amusing and instruc- 
tive, will find abundant food in two pleasant volumes 
lately published by the veteran author and stage man- 
ager, Mr. Sterling, and a clever and very entertaining 
pamphlet called " Church and Stage," written by Hen- 
ry Spicer, an old and valued friend of mine. The 
English Opera House stood upon the site of the pres- 
ent Lyceum. The only memory I have of it is see- 
ing Miss Kelley play Meg Merrilies in a version of 
" Guy Mannering." The old Adelphi, however, a small 
theatre standing on the same site as the present build- 
ing, deserves special mention. The first piece I re- 
member being played there was " Tom and Jerry." 
A little unknown man, who had been given some 
three lines to say, contrived in doing so to create roars 
of laughter. His part was written up, and from* that 
time to his death he was recognized as one of the most 



MRS. YATES. 25 

comic actors that ever delighted an audience. This was 
Robert Keeley, and it is no unjust criticism to say that 
he was fully equaled by his talented wife, who still 
lives, and although she has retired from the stage, is 
as bright and lively as ever. 1 The glories of the Adelphi 
would fill a volume. What old patron of the drama 
will ever forget Yates, Jack Reeve, little Wright, Miss 
Honey, or that most wonderful of stage villains, 0. 
Smith ? And even out of- this phalanx of talent there 
stood one figure, Mrs. Yates, the most perfect per- 
sonator of what may be called domestic drama that 
ever walked the stage. I had the pleasure of know- 
ing her in private life, where, like many other ladies 
then and now following the same calling, she was 
as much respected and admired as she was in her pro- 
fessional career. At the Haymarket Buckstone was 
in his line without a rival. But I must hurry on. 
There are many about whom I should like to say a 
loving word, but space forbids. I must not, however, 
forget the transpontine theatres, the Surrey and Co- 
burg, the latter renamed after our gracious Queen. 
Terrific combats signalized their boards ; outraged in- 
nocence, diabolical oppression, virtue rewarded, wick- 
edness punished by means utterly impossible oif the 
stage, drew crowds of admirers, and filled the small pic- 
ture-shops with characteristic likenesses. One Italian 

l July 21, 1881. — I had the pleasure yesterday, at the house of my hospi- 
table friends, Mr. and Mrs. Levy, of meeting this lady, and my description 
of her is by no means overcharged. She told me that she was seventy-five 
years old. I had a long and most pleasant talk with her. Mrs. Wigan, the 
widow of my old school-fellow, the distinguished actor, herself a most ac- 
complished actress, was also present. It was delightful to see these two old 
ladies seemingly so happy, and receiving much attention from everybody 
present. 



26 GREAT SURGEONS. 

opera house existed, but I do not fancy that it possessed 
attractions beyond a limited circle. Fashion reigned 
within its walls, and I confess that even if I could 
have obtained admission I should greatly have pre- 
ferred a Surrey melodrama. 

Whilst steam and electricity have worked their 
magic changes, a boon has been conferred upon suf- 
fering humanity by the application of anaesthetics. 

In my early days there were great surgeons. The 
names of Astley Cooper and Brodie, and a crowd of 
others, adorned and elevated a noble profession, but 
they had to pursue their art inflicting great pain in alle- 
viating disease. At present, happily, sense and feel- 
ing sleep whilst the knife performs its marvelous task. 

Let me now take a glimpse at the surface of what 
I will call old London and its ways. Although there 
were distinguished lawyers and an imposing array of 
courts, justice was slow and expensive. There were 
no county courts, but here and there in the metropolis 
were dotted small debts courts, not remarkable for dig- 
nity or use; they were called Courts of Request. 
Debtors were incarcerated, and suffered frequently 
worse punishments than criminals. The Queen's 
Bench prison, with its misery and its shame, is a thing 
of the past, and the sad voice of the poor prisoner is 
no longer heard from the walls of the Fleet. 1 Police 
courts were called offices, and the magistrates might 
be costermongers ; Sir Richard Birnie, the chief magis- 
trate, was, I believe, a saddler. The streets at night 

1 In those days, one of the prisoners incarcerated in the Fleet used to 
stand behind an opening and^solicit alms from the passers-by; his words 
were, " Pray remember the poor debtors." 



COFFEE HOUSES. 27 

exhibited scenes of disorder and unchecked profligacy. 
The south end of Regent Street, called the Quadrant, 
was a covered way, and nearly every other house was 
devoted to open and public gambling. The same may 
be said of Leicester Square. There was no limita- 
tion as to the hours of closing places of entertainment, 
and in many of these were exhibited the coarsest de- 
scription of vice. The saloons of the patent thea- 
tres could not be entered by decent women. 1 Drunk- 
enness exhibited itself in the foulest guise, and ex- 
tended to classes now generally above its influence. 
Clubs were comparatively few and not accessible 
to the masses, and taverns, amongst which I may 
mention the London Coffee House, on Ludgate Hill, 
and the Piazza, in Covent Garden, were still used by 
gentlemen of position and fashion. A restaurant had 
never been heard of, and would probably have been 
denounced as savoring of Bonaparte. A la mode beef- 
shops and eating-houses of different grades, but of 
little pretensions, furnished the entertainment neces- 
sary to those who could not enjoy the domestic din- 
ner. One was in Rupert Street,' called Hancock's, 
where excellent fare was provided at a very moderate 
rate, and served by the neatest of waitresses; and 
there were two French hotises, called the Sablonniere 
and Newton's. The former, in Leicester Square, was 
supposed to represent the highest order of French 
cookery. Ladies were not admitted into any places 
of this class. The small houses in by-streets, in the 
City especially, with sanded floors, a fire, a gridiron, 

1 The abolition of this nuisance is due to the exertions of the late Mr, 
Macready. 



28 SAM HALL. 

and a cook at the end of the room, the broiling hot 
steak or chop, the appetizing kidney and sausage, are 
almost things of the past. Supper-houses, frequented 
only by men, were very important features of the night, 
and, if they reflected truly the tastes and manners of 
the generation, it would not be considered refined. 

I may mention Evans's, the Coal Hole, the Cider 
Cellars, and Offley's. 1 The suppers served were ex- 
cellent, and, in addition, there was singing, the habitues 
sitting at the same table with the singers. 

There were some good songs excellently sung, but 
there were others of a degrading and filthy character. 
Most of my readers will remember a scene described 
by Thackeray in his novel of " The Newcomes," re- 
ferring to this subject, which is far more graphic and 
powerful than any I can attempt. It seems strange 
that in places undoubtedly frequented by gentlemen, 
obscenities of this description should have been en- 
couraged; but it must be remembered that in those 
days there were many coarse features throughout so- 
ciety. 

Vice, clothed in its most repulsive garb, stalked pub- 
licly through the streets. Pugilism, treated as a noble 
English institution, created an atmosphere of coarse- 
ness and slang, and even inllprivate society toasts were 
given and conversation was tolerated that would now 
shock the least refined. 

There was one song sung, or rather recited, that 

►made a considerable impression upon my mind, called 

"Sam Hall." The name of the singer was Ross. He 

1 In mentioning these names I have referred to those of which I had some 
personal experience. There were doubtless many others. 



DARRELL STEPHENS. 29 

had been an actor at several minor theatres. The pro- 
fanity of its expressions prevents my quoting the words. 
It was supposed to describe an interview between a 
condemned criminal and the Ordinary, whose well- 
intentioned advice is met by the felon with an account 
of his career, starvation, the gutter, cruelty, small 
theft, the corruption of a gaol, the brand upon him, 
robbery from a shop and the brutal sentence; — the 
hopelessness of his entire life was most dramatically, 
and I think truly, portrayed. Before quitting the sup- 
per-rooms I will venture to record a painful incident 
that occurred in connection with one of them. I had 
been to a ball at Kensington, and, together with some 
friends, went into the Cider Cellars to sup. Amongst 
them was a gentleman much valued by all of us, named 
Darrell Stephens. Whilst we were consuming kid- 
neys and Welsh rarebits with all the vigor of youth- 
ful appetites, he was unmercifully chaffed for confin- 
ing himself to a poached egg. Poorfellow! he dropped 
down dead when walking in Fetter Lane the follow- 
ing day. 

I never witnessed any prize fights ; but the elo- 
quent pen of Mr. Dowling surrounded them with a 
halo of glory. Spring and Langham, to my mind, 
appeared modern Ivanhoes, and the scene of encoun- 
ter another field of Ashby-de-la-Zouch. 1 I have, 
however, since witnessed some of these heroes enjoy- 
ing their laurels, the deities of sporting pot-houses, 
where, with distorted noses, and an absence of the 
proper complement of teeth, eyes uncomfortably bung- 

1 See Appendix. I do not include the two I have mentioned in my sub- 
sequent description. 



30 REVIEWS AND MAGAZINES. 

edup, and mouths reeking with gin, they were probably 
recording their former triumphs. I wonder whether 
it is true that the paladins of old, who are supposed 
to have leaped so gracefully on to their gallant steeds 
and performed such miracles of valor in the prize 
fights of those days, were, in fact, lifted upon their 
chargers, and, when rolled off, frequently smothered 
in their iron mantles. 

Periodical literature, which has now reached such 
gigantic dimensions, was then confined within com- 
paratively small limits: the "Edinburgh" and the 
" Quarterly " were the only reviews, "Blackwood," 
modestly calling itself a magazine, was supported by 
articles both grave and amusing; " Fraser " introduced 
Thackeray to the public, and the " Yellowplush Pa- 
pers" have never been surpassed, even by himself; 
Theodore Hook rollicked in the " New Monthly " ; 
whilst Captain Marryat, in the pages of the " Metro- 
politan," detailed adventures and humorous scenes of 
sea life. 

The " Times," conducted with wondrous ability, had 
become a director of public opinion, and there was 
scarcely a respectable household that did not secure 
a pennyworth of it in the course of the day, the price 
of which was sevenpence, precluding to many its en- 
tire purchase. Penny papers were unknown and un- 
dreamt of. In the middle classes five o'clock was 
an ordinary dinner hour ; and six o'clock was fash- 
ionable in the rare event of a party. Menus had not 
been heard of, and a dinner a la Busse had not trav- 
eled from the north. Paterfamilias presided over the 
food, and a perspiring carver did not dig lumps of 



POSTSCRIPT. 31 

meat from the joint and hand them with half-cold 
gravy to the guests. It is a great mistake of dinner- 
givers in modern style to have joints at all : they are 
invariably carved in the most sickening fashion, 
and, from the appearance presented by the parts 
that reach the guests, might belong to any animal 
ever created. 

I have in the foregoing pages given the reader 
some of the memories of the past, and my reflections 
thereon. There are others that I may hereafter re- 
cord, which belong to a somewhat later period of 
my life, but I think it time to say something of 
those matters that more particularly belong to my 
professional' career, and I therefore propose in my 
next chapter to introduce my readers to its com- 
mencement. 

POSTSCRIPT. 

I have received a letter from a lady, who de- 
scribes herself as a native of Midlothian, protest- 
ing against Burke being described as a Scotch- 
man, and giving satisfactory reasons for supposing 
that her country was not disgraced by his pro- 
duction. 

• The eminent surgeon, Mr. Partridge, then con- 
sulting surgeon of King's College Hospital, and 
since deceased, the same gentleman who was sent 
to Garibaldi when wounded, is entitled to the credit 
of discovering and exposing this infamous trade in 
London. 

The recent trial of the Queen against Lamson, 



32 POSTSCKllr i . 

which took place lately at the Central Criminal 
Court before Mr. Justice Hawkins, was preceded 
by a series of experiments by scientific men upon 
different animals, with a view of testing the effect 
of a particular poison. I am not aware, of any other 
instance when, after a crime has been committed, 
evidence has been manufactured for the purpose of 
a conviction. 

I cannot commend the practice. If the criminal 
had been a wealthy man, he would probably have 
employed other professors, to perform upon other 
animals, and thus a kind of tournament of torture 
would have been established, and, judging by what 
I have often witnessed in courts, a conflict of opin- 
ion. Fortunately for justice, the prisoner had no 
funds, and the facts were to my mind conclusive 
against him. At the same time, far too much 
prominence was given to the testimony thus ob- 
tained, and the trial contrasted very unfavorably 
with those of Palmer and Smethurst, in which, 
as I have already pointed out, the true value of 
scientific testimony was admirably explained by the 
learned judges who presided at those trials* 

In referring to the police magistrates, I have 
mentioned that, at the period of my father's ap- 
pointment, there was no restriction as to the busi- 
ness they had previously followed. The last un- 
professional person who held the office was Mr. 
Codd, a gentleman of position and high character, 
extremely conscientious in the performance of his 
duties, but wanting in the training necessary for 
their performance. I had the pleasure of his ac- 



POSTSCRIPT. 33 

quaintance, and passed many pleasant hours at his 
house in Kensington. 

In reference to my observations upon the subject 
of dinners, I must be permitted to add a remark of 
my friend Mr. Archdale, copied from a most kind- 
ly article written by him upon the subject of my 
book. 1 "The perspiring butler only ceases from 
his toil to rush about, shoving lumps of ice into 
champagne glasses — an abominable custom, as wine 
ought only to be cooled from the outside." With 
this observation I cordially concur. 

It was customary for the patent theatres to bring 
out their respective pantomimes upon the first night 
of the week after Christmas Day. This was known 
as Boxing Night, from the practice, more universal 
than now, of the presents made on that day ; and 
the heights of the galleries gave the title of gods to 
their occupants, and the music, by no means of a 
celestial character, furnished by them effectually 
defeated any possibility of the audience being either 
improved or amused by the tragedies preceding the 
pantomime ; but a first night was a scene to be wit- 
nessed and not forgotten : the masses of heads, com- 
mencing with those of the curly joyous urchins in 
the boxes, and reaching row after row until the 
chins and noses pressed upon the rails of the gal- 
leries, presented a living collection upon which 
promised enjoyment fixed an unmistakable stamp. 
A similar scene may still be witnessed upon the 
first night of the gorgeous entertainment given at 
Old Drury at Christmas by its enterprising man- 

1 The article appeared in the Temple Bar magazine of June, 1882 

3 



34 POSTSCRIPT. 

ager, and many of the present generation may like 
the entertainment better. 

I ought, in my brief sketch of favorite actors, to 
have mentioned T. P. Cooke, who was certainly not 
excelled by any of his contemporaries in melodrama. 
Jerrold's play of " Black-Eyed Susan " gave him an 
opportunity of displaying also a wonderful power 
of pathos. 

I knew him very well in private life in my early 
days, a quiet, refined gentleman. 

A melodrama called the " Miller and his Men " 
became one of the most popular entertainments at 
the London theatres : it filled the character shops 
with supposed likenesses. Grindolf the robber, dis- 
guised as a miller and represented by Mr. Farley, 
fascinated children's imaginations, and the " Chough 
and the Crow," a beautiful glee composed by Bailey, 
introduced into the piece and sung by the robbers, 
has lasted as a favorite down to the present time. 
The frequenters of Evans's in the days of Paddy 
Green have often listened to it with pleasure, sung 
very charmingly by the lads who formed the choir 
of that establishment. 



CHAPTER III 

COMMENCEMENT OF MY PEOFESSIONAL LIFE. 

j| COMMENCED legal operations upon a second 
A floor at No. 5 Inner Temple Lane — the same lane 
in which Dr. Johnson flourished. They were grimy 
old buildings then : their names even have ceased to 
exist, and handsome edifices fill up the space thus 
left. Dirt seemed at that time an attribute of the law. 
Now appearances are changed, and the surface is, at 
all events, much improved. In those days the even- 
ings were supposed to be occupied by study, and con- 
sultations were held : now, after dark, passengers may 
seek in vain for the glimmer of a rushlight. 

I cannot say that I burned much midnight oil. No 
attorney, late from the country, ever routed me out 
and thrust a heavy brief into my hands — a circum- 
stance which we have heard has so often been the ori- 
gin of success to eminent lawyers. My establishment 
was limited. I shared with some half-dozen other 
aspirants to the Bench what, in Temple parlance, is 
called a laundress, probably from the fact of her never 
washing anything. I fancy that her principal employ- 
ment was walking from my chambers to the pawu- 

35 



36 EARNINGS. 

broker's, and thence to the gin-shop. At the end of 
a short period, my property, never very extensive, 
was reduced to little more than a pair of sheets, a tea- 
pot, and a coal-scuttle, over which last it pleased Provi- 
dence that she should tumble downstairs, and the in- 
juries then sustained relieved me from her future at- 
tendance. A mischievous little urchin cleaned my 
boots and was called clerk. 

My means were extremely limited, and it may in- 
terest my readers to know what my professional earn- 
ings were during the first three years of my career. 
I was called to the bar in June, having attained the ma- 
ture age of twenty-one the preceding March. Be- 
tween that period and the following Christmas I made 
four guineas and a half; the second year I made thirty 
guineas, and the third seventy-five. I am afraid I 
must admit that I did not measure my expenditure 
by my income. My father had undertaken to furnish 
my chambers, and one of the principal articles he sent 
me was a horsehair arm-chair with only three legs, 
upon which I got so accustomed to balance myself 
that I scarcely felt safe on one furnished with the 
proper complement. He also had promised certain 
assistance by way of income, upon which promise I 
lived ; but it was something like the income allowed 
to the Hon. Algernon Percy Deuceace by his father 
the Right Hon. the Earl of Crabs, recorded in the ver- 
itable history of Mr. Yellowplush. I possessed one 
confiding tradesman. His name was Gill, he lived 
close by in Essex Court, and, fortunately for me, 
dealt in almost every article. My transactions with 
him remind me of a conversation recorded between 



MR. GILL. 37 

a foreign prince and his steward. The former, com- 
plaining that his horses looked thin, was informed that 
the corn dealer would supply them with no more oats. 
"Who will trust us?" asked the prince. After deep 
and long consideration the steward said that he thought 
they still had credit with the pastry-cook. " Feed the 
horses upon tarts!" said the prince. 

Gill was my resource for everything, from pats of 
butter to blacking. At last, after long suifering, he 
struck, shaking his head when I told him of the cli- 
ents I expected. On the afternoon after this event I 
was balancing myself upon my three-legged chair in 
melancholy mood, and wondering whence my dinner 
would come, when a knock sounded at my door, and a 
clerk from Messrs. Allen, Gilby and Allen, 1 blessed be 
their names ! brought me, and paid for, three half-gui- 
nea motions. With this mine of wealth in my pocket 
I determined to enjoy myself luxuriously, and accord- 
ingly went to Hancock's, an establishment I have al- 
ready described. The glorious repast still remains 
imbedded in my memory — twice of saddle of mut- 
ton: I am afraid to say how many helps of jam tart. 
After a handsome honorarium of threepence to Mary, 
who had never looked coldly upon me in my worst 
hours of impecuniosity, I had still twenty-five shil- 
lings left. 

Wretch that I was, I forgot the patient Gill, and 
found my way into one of those sinks of iniquity, a 
gambling-house, in Leicester Square, and came out 
possessed of thirty -five pounds! 

i These gentlemen were well-known solicitors in Carlisle Street, Soho 
Square, and almost my earliest clients. 



gg MIDDLESEX SESSIONS. 

I was a millionaire. Gill once again smiled upon 
me, and the penny roll and pat of butter upon my 
breakfast table next morning testified to his restored 
confidence. 

When I was called to the bar the police magistrates 
were qualified to sit upon the sessions bench, and the 
county justices might preside at the police offices, 
which they frequently did. My father on some occa- 
sions presided at the Middlesex Sessions. The smaller 
class of criminals were tried before this tribunal ; there 
was also a large amount of civil business, consisting 
of poor-law appeals. These involved intricate points 
of law, and a great deal of money was spent in ridic- 
ulous contests between parishes in relation to the 
support of paupers. Mr. Bodkin, who afterwards be- 
came chairman, or, as it was then called, assistant- 
judge of these sessions, was an extremely able advo- 
cate in this kind of case, and from his early experi- 
ence possessed much practical knowledge. 

Mr. Clarkson, at first his usual antagonist, contrived 
to blunder through them, but he and others shortly 
yielded to Mr. Huddleston, afterwards and now a 
Baron of the late Exchequer, and one whose mind 
was of an order peculiarly qualified to master the tech- 
nicalities of this description of business. This gen- 
tleman was one of my earliest friends at the bar. He 
possessed qualities which made his success only a mat- 
ter of time. He was fond of society, but never neg- 
lected work, and his thorough knowledge of his causes 
made him a most powerful and efficient advocate. 

His career has been in all respects a successful one, 
and there are few men who are able to reflect as 



MICHAEL PRENDERGAST. 39 

he can that, both in public and in private life, he has 
attained every object of an honorable ambition. 
Whilst dwelling upon the Middlesex Sessions, I must 
say a few words of that curious-looking figure usually 
seated at the corner of the barrister's bench. One 
who saw him for the first time might be inclined to 
ask, What is it! Upon minute investigation might be 
discovered, encased in clothes far too large for him, 
the gaunt figure of a very unclean-looking man. 

This was Mr. Michael Prendergast — "Mike," he 
was always called. Slovenly as his dress was, his 
mind was more so: with a greater fund of general 
knowledge than most people, it seemed mixed so in- 
extricably in his brain that it was next to useless. He 
rarely had any but the smallest cases from the dirtiest 
of clients, and whilst one of them was being tried 
would not unfrequently sit in a state of abstraction, 
out of which an unhappy clerk had to wake him. He 
possessed, however, much power at times, and great 
independence. I remember a little scene which will 
illustrate his habits not incorrectly. A case of his 
had been called on. He was late, and it was half 
over before he arrived in court — his clerk in an agony, 
the chairman grumbling. Of this, however, he took 
no notice whatever. "Frederick" (to his clerk), 
" where' s my brief 1 ?" Loud whisper from Frederick, 
" I gave it you at breakfast ; feel in your pockets." 
A search commenced, and having first pulled out 
of his trousers pocket a half-round of butter toast, 
from the depths of it was extracted the single greasy 
sheet that constituted his instructions. 

He was elected by the Court of Common Council to 



40 GAMBLING HOUSES. 

the small debts court in the City. How he managed 
the business there I have no means of knowing, but 
I am certain that he did so in the strictest spirit of 
justice. 

The habits of the metropolis, which. I have briefly 
sketched in the last chapter, furnished a class of busi- 
ness that occupied a considerable portion of time. Al- 
though, as I have already mentioned, gambling-houses 
of every degree were publicly open in many of the 
West End streets and squares, and although at this 
period they were not interfered with by the police or 
other authorities, they were illegal, and liable to indict- 
ment, and there was a nest of scoundrels who lived 
upon them. The great field for their operations was 
the Middlesex Sessions, and the Grand Jury their 
hunting-ground. Indictments were prepared, and true 
bills having been obtained, warrants were applied for, 
and granted as a matter of course. Armed with these, 
communications were opened with the keepers of the 
houses, some of whom, being wealthy, did not relish 
the prospect of twenty -four hours in prison before 
they would be admitted to bail, which was the first 
screw put on, and so these pillagers of the public had 
to submit to be pillaged themselves, and large sums 
of money were thus obtained. If these proceedings 
had been confined to the proprietors of such estab- 
lishments, people would be inclined to say, Let the 
thieves pick each other's pockets ; but the trade was 
too profitable to be limited, and many instances oc- 
curred in which perfectly innocent people were made 
the victims of extortion by these harpies. Mr. Serjeant 
Adams, when he became chairman, put his foot upon 



DISPENSATION OF PROVIDENCE. 4^ 

their operations, by preventing warrants from issuing 
except under certain restrictions. 

One of the worthies, who was a large proprietor of 
gambling-houses, became the lessee of the Adelphi 
Theatre, and Charles Phillipps used to relate an anec- 
dote of his once meeting him and being offered a box, 
which he declined, thinking that some time or other 
he might be asked in return to defend the generous 
donor for nothing, and if Mr. Phillipps ever committed 
an irregularity, it certainly was not of that description. 
He asked him, however, how he was getting on. 
" Capitally," said the gentleman; " Providence seems 
to watch over all my undertakings." 

There was one great field-day held at the Middle- 
sex Sessions, from which every member of the bar 
had a chance of picking up a guinea or two. This 
was the day appointed for hearing applications for mu- 
sic and dancing licenses. Unless some complaint was 
made by the police, those that had previously existed 
were granted, as a matter of course ; but about the 
new ones there was generally a contest, certain of the 
justices taking the opportunity of ventilating what 
they called their ideas. A certain section of these 
gentlemen, none of them of position or note, opposed 
the grant to any of the applicants. A homily upon 
morals, the profanity of music, the indecency of danc- 
ing, and the length of ladies' dresses, formed the sta- 
ple of their orations. Broad views upon what may 
fairly be deemed an important social question could 
not be expected from the speakers, and certainly never 
made their appearance. As far as I have been able 
to judge, assuming the perfect honesty of their wor- 



42 MIDDLESEX MA GISTRA TES. 

ships, they betrayed simply a narrow-minded, unrea- 
soning bigotry. One thing may be said of them, that, 
although their speeches rendered the tribunal ridicu- 
lous, they produced no other effect, as the result had 
been usually secured by a previous canvass, It seems 
to be time when these matters should be made sub- 
ject to police regulation: it is manifestly most unjust 
that the interests of individuals, and the comforts and 
amusements of the people, should be regulated by the 
crotchets of a clique or the favoritism of a majority. 

There existed another source of profit to the bar in 
connection with the magistracy. ' This arose from ap- 
plications to local benches for the grant of spirit licenses. 
Those not in the secret will scarcely believe what a 
license was worth ; and if there was not a considera- 
ble amount of jobbery about their disposition, all I 
can say is that the justices must have been an uncom- 
monly pure body of men. Brewers and builders were 
the real proprietors of many of the houses applied 
for — I need hardly say in the names of nominees. I 
should think that in some cases their value would ex- 
ceed £3,000 to £4,000. The justices had been to 
view the premises, elaborate plans were prepared, 
learned arguments upon the state of the neighbor- 
hood and the necessity for further accommodation were 
advanced. On the other hand, the publicans already 
licensed rushed in a body to oppose the grant : there 
was no traffic, there was no custom, they and their 
families were starving. It was amusing to look at the 
rosy countenances of the starving publicans. 

The justices, seated round a table in solemn con- 
clave, listened patiently to all that was said. Specta- 



POSTSCRIPT. 43 

cles upon respectable noses assisted in the examina- 
tion of the plans ; the rhetoric of counsel was listened 
to with kindly attention. The chairman states that 
it is an important question, and has been so ably ar- 
gued on both sides that they would like to consider it 
in private. The room is cleared, every one knows 
how it is to go, except, perhaps, a confiding client who 
may have hope from the eloquent address of his advo- 
cate. This, however, was a rare phenomenon. The 
justices return, and announce the decision. I wonder, 
as Cicero did of the augurs of his day, that they did 
not burst out laughing in each other's faces. 

I need not say that there were many distinguished 
names amongst the Middlesex magistracy, but the 
possessors of them rarely, if ever, expressed their 
views at the great "October meet," 1 or were to be 
found at the different local licensing meetings. 2 

POSTSCRIPT. 

At the period when Mr. Serjeant Adams was 
elected as chairman, there was no salary attached 
to the office, and he and another member of Ser- 
jeants' Inn, Mr. Serjeant Andrews, were candidates 

1 The sessions for the grant and renewal of licenses takes place in this 
month. 

a In the chapter in which I have endeavored to sketch the state of the 
streets of London in the days of my pupilage, I have given them a charac- 
ter for coarseness and indecency, from which it may be inferred that there is 
now a great improvement. I regret to say that this is far from being the 
case. Scenes are now nightly enacted in some of the principal thorough- 
fares of this metropolis that in a future age will scarcely be credited. The 
coarseness, impurity, and vulgarity of London appear to be massed within 
these localities. 



44 POSTSCRIPT. 

for it. The former gentleman was elected, and 
made an excellent chairman, but soon discovered 
that the office was one to sustain the dignity of 
which a salary was required, and by indefatigable 
exertions succeeded in obtaining it ; but as this was 
supplied by the Crown, the office subsequently lapsed 
into its patronage. 



CHAPTER IV. 

MY EARLY PERFORMANCES. 

T T was at the sessions, of which in my last chapter 
*- I have given a brief account, that I made my first 
forensic display. The occasion was not an important 
one, nor productive of much profit. 

I was instructed by a gentleman named Conquest 
to apply for the renewal of his license for a theatre 
called the Garrick, situated in Leman Street, White- 
chapel. This place of amusement was within my 
father's district, who was then a magistrate of the 
Thames police, and it was probably from this circum- 
stance that so much confidence was reposed in me. I 
rose, but could see nothing; the court seemed to turn 
round, and the floor to be sinking. I cannot tell what 
I asked, but it was graciously granted by the bench. 
For this performance I received half a guinea, the 
sweetest that ever found its way into my pocket. Mr. 
Conquest, in addition to being the proprietor of this 
theatre, was a favorite low comedian, and very popu- 
lar with the denizens of the East. Another great fa- 
vorite was Mr. Gomersal, who, however, became bet- 
ter known at Astley's Amphitheatre by his imperson- 
ation of Napoleon Bonaparte in the drama of the 

45 



46 ^ JEW ATTORNEY. 

11 Battle of Waterloo." An additional attract ion at the 
G-arrick Theatre was the wife of the proprietor, a 
very pleasing and pretty actress, and celebrated as a 
ballet mistress, in which capacity she prepared many 
successful artistes for the stage. Mr. Conquest mi- 
grated to the City Road, and for many years managed 
the Eagle Saloon and Theatre with credit and suc- 
cess. A son of his subsequently conducted it. He 
also was and is an actor, and now, I believe, delights 
the audiences of the Surrey Theatre. 

My diffidence had somewhat abated, when I was 
entrusted with a brief by a rather shady attorney of 
the Jewish persuasion ; and being at that time with- 
out experience, I yielded implicitly to his instruc- 
tions. A young gentleman of the same faith was call- 
ed as a witness. My client suggested a question. 
Blindly I put it, and was met by a direct negative. 
" What a lie !" ejaculated my client, and dictated an- 
other question : the same result followed, and a sim- 
ilar ejaculation. By his further instruction I put a third, 
the answer to which completely knocked us over. 
My client threw himself back : " Well," said he, "he 
is a liar, he always was a liar, and always will be a 
liar." "Why," remarked I, "you seem to know all 
about him." "Of course I do," was the reply, " he is 
my own son ! " 

Nothing struck me in my early days as more odd 
than the number of different surnames in which the 
same family of Jews seem to delight. One son of 
Mr. Saul Yates, of St. Mary Axe, was Mr. Sidney, an- 
other Mr. Daniel, while a third rejoiced in the appel- 
lation of Jacobs. I forget by what names my client 
and his hopeful progeny were known. 



MR. CONST. 47 

A gentleman of the name of Const presided as 
chairman of the sessions when I joined them. He was 
a friend of my father, and I received from him ail the 
encouragement he could give me. Messrs. Charles 
Phillipps and William Clarkson, to both of whom I 
shall have again to refer, did the principal criminal bus- 
iness, and looked with no friendly glances upon new- 
comers. Their greediness for fees was an opprobri- 
um to the court. Wrangles constantly occurred, in 
which all sense of shame seemed to be abandoned. 
The latter of the gentlemen I have named was un- 
der great obligations to my father, but from neither of 
them did I ever receive an act of kindness, or until 
I had forced my own way, barely of courtesy. 

I may here mention a circumstance in which I was 
the innocent cause of a sad catastrophe that happen- 
ed to two of my clients. These were west-country 
farmers, who had been convicted of cruelty to animals, 
and had appealed from the conviction to the sessions. 
The question raised was as to the mode of conveying 
calves to market. Upon the day when the case should 
have been heard, I obtained a postponement to suit 
my convenience, and it came on the following week, 
when my clients were completely exonerated and the 
conviction was quashed. 

They were returning home the same afternoon by 
the Great Western Railway, when a boiler burst. A 
mass of iron was projected into the air and fell upon 
the carriage in which they were seated, alighting be- 
tween the two and killing them both. 

Although the state of the streets was greatly im- 
proved by the institution of the new police, the gam- 



48 



GAMBLING HOUSES. 



bling establishments still nourished. Leicester Square, 
the Quadrant, Bennett Street, Bury Street, and Duke 
Street were full of them. No concealment was af- 
fected. They were open to all comers, who were at 
some of them ushered in by powdered footmen. I 
learned a great deal of the proceedings of these estab- 
lishments from cases in which I was engaged at dif- 
ferent times, for and against the proprietors, and I be- 
lieve that in most of these hells the chances of gain 
were assisted by flagrant trickery. At some of the 
principal — those, for instance, in Bennett Street — the 
decorations of the rooms were very elegant. Perfect 
quiet and decorum were observed by the players, who 
were generally of the better class. 

The principal game played was hazard, of which 
there were two kinds : French hazard, in which the 
players staked against the bank, and English, or chick- 
en hazard, in which they played against each other, 
with a settled profit to the proprietors. I fancy this 
mode of gambling was not so much exposed to fraud. 

I do not think that rouge et noir was played any- 
where. Roulette, which afforded abundant means of 
chicanery, was to be found at all the lower descrip- 
tion of houses, and a game which seems now to be ex- 
tinct, called u une, deux et cinque" This was played 
in a sort of basin lined with velvet, and a ball about 
the size of a cricket ball, with colors, red, black, and 
blue, as far as I can remember, stamped upon it. I 
cannot recollect how the game was played, but I was 
told that it was a fruitful means of cheating. With 
one example of the mode of procedure at roulette, 
through the medium of an accomplice, I became ac- 



GAMBLING HOUSES. 49 

quainted professionally. Most of my readers have 
seen a ronlette table, and are aware that there are 
upon it thirty-six numbers, separated from each other 
by small divisions, and that the players stake upon 
different numbers. I need not recapitulate the 
way in which unwary people were inveigled into 
these places. A class of gentry called "bonnets" 
were actively engaged in this employment ; but when 
it was thought that a good thing was on, the propri- 
etor would say out loud, "We may as well be quiet: 
put up the bars." The intended victim supposed this 
to mean that other people should be shut out, but the 
accomplice took it as a direction to manipulate the 
table by raising, which was done by machinery, an 
almost imperceptible obstruction before any number 
which would have secured to the player a large stake. 
I was informed that most of the tables were so con- 
structed as to render this a very easy process. The 
profits made must have been enormous. 

The places, however, at which gambling was to be 
witnessed in all its magnitude were the different race- 
courses. There might be seen a range of booths, ex- 
tending from the grand stand to the end of the course, 
in all of which play in its various forms, and at prices 
adapted to all classes, openly flourished. 

I have read that during the gold fever there was 
not sufficient accommodation for the influx of diggers 
within Melbourne, and that a quantity of tents was 
erected outside the city. This was known as the can- 
vas town. The same term might have been- applied 
to the booths I have described, whilst greed of gold 
was the distinctive emblem of both. 



50 RUNNING REIN FRAUD. 

It was at one of these establishments that a person- 
age was pointed out to me who afterwards became fa- 
mous. He was a handsome-looking man, with strong- 
ly-marked Jewish features, and altogether not unpre- 
possessing. This was Mr. Goodman, or Goody Levi, 
as he was usually called, twelve years afterwards the 
hero of the Running Rein fraud. It may be remem- 
bered that he substituted a four-year old horse called 
Maccabseus for Running Rein, and won the Derby 
with it. The fraud was discovered, and upon a trial 
in the Court of Exchequer, before Baron Alderson, 
fully exposed ; that learned judge, who was not wont 
to conceal his opinions, observing that if gentlemen 
would condescend to race with blackguards they must 
expect to be cheated. 

I noticed several well-known characters who were 
patronizing Mr. Goodman's — men who, when I was 
young, were well known upon town. They were all 
engaged in play : Count d'Orsay, the dandy of the age, 
Lord Cantelupe, the Earl of Chesterfield, and many 
others, whom I have now forgotten, and upon whom 
I then looked with wonder and admiration. 

The altar, however, at which the greatest sacrifices 
were made, and which reared its head above all rivals 
of a similar class, was that of which Mr. Crockford 
was the proprietor, and which went by his name. This 
was no mean refuge for every-day gamblers; it was con- 
stituted as a club, and confined to members. It pre- 
sented an imposing front on the upper part of the west 
side of St. James's Street. It is now, with little external 
alteration, the Devonshire Club. Personally I knew 
nothing of it, but heard romances of play related as 



CROCKFORD. 51 

having occurred within itsprecincts, of enormous suras 
changing hands, and of much sorrow and desolation 
invading many a family. Tales almost fabulous were 
related of its splendor, the luxuries that accompanied 
it, and of course of its orgies. I have always, however, 
heard that no suspicion of actual unfair play was en- 
tertained. The proprietor was himself a very large 
speculator upon the turf, and a story was told in con- 
nection with his death, which, even if not true, shows 
the opinion that was entertained of the play frater- 
nity of that day. It was said that he was very largely 
interested in a certain race, and that others following 
his lead had backed a particular horse that was con- 
sidered likely to win. It is well known in the sport- 
ing world that if the maker of any bets dies before 
the event betted upon is determined the wagers are off. 
Mr. Crockford had been very ill, and much anxiety 
was felt by the parties interested in the event. The 
horse won ; but before the race the great speculator 
had passed into another sphere. Those around him are 
said to have kept this secret, and having learned by 
means of carrier pigeons the result of the race, had 
supported his dead body in front of one of the win- 
dows in St. James's Street, so that it might be seen by 
the people returning from the course. This may be 
a fable founded upon the character of the persons con- 
cerned. It was generally believed, or, at all events, 
was generally asserted. 

I heard from one of my disreputable acquaintances 
another curious story in connection with the gambling 
sets, and about the truth of this I entertain very little 
doubt. Names were given to me, and circumstances 



52 JEM BLAND. 

related that strongly confirmed it : one or two of the 
persons are still living. There were letter-carriers 
employed by the Post Office, who, being in the pay of 
certain professional betting men, regularly furnished 
them with information obtained from the letters of 
well-known turfites, which they were in the habit of 
opening. In those days envelopes were rarely used, 
and letters written upon a sheet of paper were folded 
and sealed ; by means of a kind of hook the sides 
were extracted, and the contents could be deciphered 
with tolerable accuracy. 

He told me of one instance, giving me all the names 
of the parties engaged. A person of very high posi- 
tion was the owner of a horse, which he had entered 
for a handicap race, and contrived by previous public 
trials of his speed to convey an inferior notion of the 
animal's powers, with a view to secure its being lightly 
weighted. This he communicated to people in his con- 
fidence, so that it might be backed at long odds ; but 
the same knowledge having been previously obtained 
through the medium of the postman, the market had 
been used up, and his device, which was successful, 
turned to the profit of other more skillful but not greater 
rogues. 

A man of middle age and middle height, clad in top 
boots and buckskin breeches, might on most Mondays 
and Thursdays be seen wending his way down Picca- 
dilly. His goal was Tattersall's. This was Jem Bland, 
one of the greatest operators upon the turf. He 
could neither read nor write ; he was ready, however, 
to make any number of bets, no matter of what amount. 
He could enter no memoranda, and no one entered 



PIGCADILL Y SAL ON. 53 

any for him. But he had a most surprising memory, 
and upon returning to his house he dictated the list 
of his bets, with unfailing accuracy, to a lady con- 
nected with his establishment. 

She also read all the letters addressed to him, and 
thus obtained a considerable amount of private infor- 
mation of turf doings. This, he discovered, she was 
in the habit of imparting to some of her favorite ac- 
quaintances. He was fully equal to the occasion. A 
great race was about to be run — I think The Colonel 
and Zinganee were the competitors. He conveyed 
to his fair friend a batch of false reports, the circula- 
tion of which enabled him to make a very good book, 
and after that he changed his amanuensis. 

In one of the most foul haunts of the metropolis 
there used to congregate many men of exalted rank, 
and (with the exception, of course, of the clergy) of 
all professions, with them mixed evil-looking keepers 
of low gaming, and, probably, of other houses, bet- 
ting men, prize fighters, and bullies. After the sa- 
loons of the jjatent theatres had disgorged their con- 
tents, those who had not met with friends found their 
way to this den. Unlimited drink pervaded the es- 
tablishment. It was known as the Piccadilly Saloon, 
and occupied part of the site of the present Criterion 
Theatre. I had not the means, and I hope not the 
taste, to join in the orgies that went on ; but I have 
upon two or three occasions visited the place, and have 
a lively recollection of the scenes enacted. No play, 
it is true, went on overtly ; but there were harpies on 
the look-out for the unwary, whom they inveigled to 
neighboring slums, and there drugged, robbed, and 
perchance murdered them. 



54 MIRFIN. 

I could name many of those who, I believe, nightly 
frequented this pandemonium, but it would serve no 
useful purpose. There were, however, two, both pub- 
lic characters, whom I saw upon the few occasions I 
was there; and who particularly attracted my notice. 
One was Sam Chifney, the well-known jockey of 
George IV. ; the other was a police magistrate, who 
presided at a court in the north-west district, and who, 
I was told, frequently left the saloon only in time to 
administer justice to the drunken and profligate who 
came within his jurisdiction. 

One night, or rather the early morning, later in date 
than the period to which I have hitherto been refer- 
ring, a group of six men were congregated at one of 
the tables. I was not present, and it is from the re- 
lation of a spectator that I have gathered the follow- 
ing particulars. With one of the party I had a slight 
acquaintance, having met him at the Cider Cellars and 
Evans's. He was a gentleman-like, unpresuming, and 
inoffensive young man. This was a person of the name 
of Mirfin. His position was that of a linen-draper, or 
assistant to one, in Tottenham Court Koad. He and 
a man named Elliott, whom I understood to be a re- 
tired Indian officer, got into a squabble. Mirfin had 
been drinking, and scarcely knew what he was about. 
Suddenly the party rose and left the room. It seems 
that they obtained pistols, and the whole six, occupy- 
ing two hackney coaches, drove to Wimbledon Com- 
mon, and there a sad combination of farce and tragedy 
was performed. Poor Mirfin was put up and fired at 
by Elliott, an expert shot. Probably Mirfin himself 
had never handled anything more dangerous than a 



A DUEL. 55 

yard measure. The first shot went through his hat. 
He was plucky enough, however, for again he stood up 
to be fired at, and Elliott succeeded in murdering him. 
The affair, from the brutality and ridicule that ac- 
companied it, the circumstances that led to it, and the 
place in which the quarrel occurred, gave a finishing 
stroke to an institution already tottering; and the as- 
sassins who, through the false shame of men of honor, 
were able to pursue a system of terrorism, are now 
infamies of a past generation in this country. In a 
neighboring one the practice fortunately appears to be 
verging on the confines of burlesque. 

POSTSCRIPT. 

I haye received several letters upon the subjects 
contained in this chapter, and am much obliged to 
the writers, who furnish me with what are, I have 
no doubt, some accurate details. They do not, how- 
ever, alter the inferences I have drawn, nor would 
they, I think, enhance any interest that may attach 
to my account. 



CHAPTER V. 

CHOICE OF CIRCUIT. 

T N former chapters I have brought my readers to 
the period when it was necessary to choose my 
course of proceeding in the legal struggle I was about 
to commence, and my interests as well as my finances 
pointed to the metropolitan and adjacent districts. 
Accordingly, I joined the Middlesex Sessions, of 
which tribunal I have already given some description, 
being introduced by a gentleman named Alley, a leader 
of the bar. Subsequently I joined the Central Crim- 
inal Court, and almost as a consequence fixed upon 
the Home Circuit, which consisted of Hertfordshire, 
Essex, Sussex, Kent and Surrey. In choosing a cir- 
cuit, a barrister, with certain exceptions, is bound by 
his first choice,, and it ought to be made with grave 
deliberation. When I was called there were no rail- 
ways. We were not allowed to use public convey- 
ances or live at hotels. The leaders generally trav- 
eled, accompanied by their clerks, in their own car- 
riages, the juniors two or three together, in dilapidated 
post-chaises. It was customary for the judges to enter 
the town before the bar, and, as it is called, open the 
56 



OPENING THE COMMISSION. 57 

commission, after which they adjourned to church, 
affording a grand opportunity to the sheriff's chap* 
lain, usually a very young man, to enforce upon them 
their duties as citizens and judges. During this cer- 
emony the carriages came rattling in, lodgings were 
engaged, the juniors, two or three of them, sometimes 
more, occupying one sitting-room. The attorneys 
were to be seen hurrying with the briefs destined for 
their fortunate recipients, witnesses lounged 'about 
the bars of the public-houses, and the juniors wan- 
dered up and down the street wondering what they 
should do with themselves, and whether a good time 
was coming. 

The next morning (the commission was usually 
opened on a Monday) the real business of the assizes 
began. A flourish of trumpets, not necessarily in 
harmony, announced that His Majesty's judges would 
take their seats in half an hour, another flourish that 
they had done so : one in the Crown Court, the other 
in the Civil. The former court is the great object of 
attraction. A real judge is a sight to see ; he is clad 
in scarlet ; the High Sheriff, in a mysterious costume, 
sits beside him ; solemnity is given to the scene by 
the presence of a parson. It is said that even the 
criminal is elated by a sense of the dignity of his 
position, so different from being tried by Squire Jones 
in his blue coat and drab trousers. I suspect, how- 
ever, that the fact that the judge will not take into 
consideration his being a notorious poacher is in real- 
ity the cause of his satisfaction. His lordship, in 
charging the grand jury, probably congratulates them 
upon something, and remits them to perform the not 



58 CIRCUIT. 

very arduous duties of indorsing their own previous 
committals, that tribunal being principally composed 
of the magistrates of the county. The trials are then 
proceeded with, and disposed of with- impartiality 
and decorum. 

The criminal courts of the assizes give the junior 
members of the bar an opportunity of ventilating their 
powers, and they almost invariably receive assistance 
and encouragement from the judges. The feeling 
thus early engendered produces through a subsequent 
professional career the kindly intercourse that exists 
between bench and bar, in no respect derogating 
from the dignity of the former or the independence 
of the latter. 

I remember the great French advocate, M. Berry er, 
remarking upon this trait of the profession in our 
country with some surprise, but with warm admira- 
tion. 

In the meanwhile the business in the Civil Court 
has commenced. There is a kind of interlude of un- 
defended causes. The court is densely crowded by 
barristers, who, during the charge to the grand jury, 
are excluded from the Crown Court, lest they should 
hear what the judge says, and take a hint from it. 
Of course if there is anything useful to know, the 
solicitors, who are not excluded, repeat it. This is 
an old-fashioned absurdity, which ought to be abol- 
ished. 

A cause is called on. The acceptance to a bill of 
exchange not contested has to be proved. A voice is 
heard from the middle of the crowd enunciating with 
difficulty, "May it please your lordship " "Pray 



CIRCUIT MESS. 59 

speak out," says the judge. The counsel almost col- 
lapses, but, struggling and panting, at last succeeds 
in giving the necessary proof, and so a number of 
cases are disposed of, and the real business of the 
Civil Court commences. The leaders have taken their 
seats, exchanged bows with the judges, nodded to 
each other, and the stereotyped dialogue ensues be- 
tween the judge and leader, "On what day, Mr. , 

will it be convenient to take special juries ? " "The 
bar is at your lordship's disposal." "What do you say 
to Thursday V 7 "It will suit admirably." " Thurs- 
day be it then. Mr. Sheriff, let the special juries be 
summoned for Thursday next." And now horses are 
off, and the day is exhausted upon the trial of usually 
trifling causes. The adjournment at last arrives. The 
former opponents walk to their lodgings, chatting 
gayly together ; and the juniors rejoice that the time 
has come when all meet at a dinner, where good- 
humor and thorough cordiality between the highest 
and the lowest in the professional scale usually reign. 
I will not run the risk of wearying my readers with 
any long description of the mess, but I think that I 
may mention, to the credit of its members, that no 
personal jokes prevailed, and, though laughter was 
often excited at the expense of one or other of the 
members, it was thoroughly good-humored. Officers 
were elected. An Attorney and Solicitor-General 
brought offenders to justice. One offense was, going 
special to another circuit. It was one of gravity, and 
an exemplary fine was imposed. Getting married was 
passed over with a simple admonition, upon the 
ground that it carried its own punishment with it. 



60 JOHN LOCKE AND MR. SOTHERN. 

There was a poet laureate, and sometimes the verses 
composed were amusing, and, if personal, without bit- 
terness. Mr. Arnould, afterwards a judge in India, 
filled at one time this office with much credit. He 
was an accomplished poet as well as a lawyer. 

One of the means of extracting fun was making the 
criminal address the mess in aggravation of his offense. 
And I must here mention a gentleman who will not 
appear in any of my strictly legal recollections, but 
whose memory will always be regarded by members 
of the profession, especially those on the Home Cir- 
cuit, with respect and affection. 

John Locke, member for Southwark, now no more, 
was the very soul of the circuit table; his speeches 
elicited roars of laughter. I have often endeavored 
to explain to myself in what particular attribute his 
humor consisted, but it was as little to be defined as 
it was impossible to resist. I have only met one in- 
stance of a somewhat parallel character. This was 
in another valued friend, now also passed away, the 
late Mr. Sothern. In "Lord Dundreary" he created, 
by means especially his own, the most uncontrollable 
laughter, and the same mystery, as in the case of John 
Locke, enveloped the cause. 

The apparently utter confusion of mind, the striv- 
ing vainly to get hold of the threads of a subject, the 
look of vacancy attending the failure, and the solemn 
attempt to resume the struggle, were features common 
to both. I recall these gentlemen as having furnished 
many of the most amusing hours of my life, and join 
with all their friends in mourning over their departure 

One other institution I must not omit to mention — 



MR. THESIGER. 



61 



* the dinner given by the judges to the bar, at which 
young and old were kindly received. A custom, now 
extinct, then existed of each guest giving the judge's 
servants two shillings. This gave rise to the enter- 
tainment being profanely called a two-shilling ordinary. 
As trumpets initiated the assizes, so they celebrated 
their termination. The rickety post-chaises were 
again called into requisition, and in another town the 
judges underwent the same trumpeting, and with 
their last blast each town was left to slumber in its 
pristine dullness. 

When I joined the circuit Mr. Serjeant Spankie 
and Mr. Serjeant Andrews were in a partial lead. The 
former had held high office in India. I scarcely re- 
member him. The latter was possessed of a very 
solemn appearance. 

There were two members who both gave great 
promise, and were looked upon as the future leaders . 
one was Mr. Turton, who closed his career in this 
country by accepting an appointment in Calcutta; the 
other, a Mr. Broderic, who succumbed prematurely 
to ill health. 1 These events left a splendid opening 
for Mr. Thesiger, who ultimately shared the lead with 
Mr. Piatt. As is known, the former passed through 
the offices of Solicitor and Attorney-General, and ul- 
timately became Chancellor during Lord Derby's ad- 
ministration. He received this post whilst conduct- 
ing the prosecution of the British Bank directors, in 
which I was associated with him, and I may say that 

i I have no personal recollection of either of these gentlemen, but my 
father, who remembered them both, has described the former to me as pos- 
sessing all the qualities of an accomplished advocate, and the latter as a 
most acute and learned lawyer. 



62 MR. THESIGER. 

I never heard a finer effort than his opening of the 
lengthy and complicated facts of that cause. He was 
very painstaking and industrious. His appearance 
was greatly in his favor — tall, with well-marked and 
handsome features ; his manner was slightly artificial, 
and his jokes, of which he was fond, were somewhat 
labored. He had been when a boy in the navy, and 
was, I have heard, in one of Nelson's engagements. 
When called to' the bar he joined the Surrey Sessions, 
where he soon was deservedly held in high favor, and 
selected the Home for his circuit. I do not think he 
was very popular when he became a leader. He was 
accused of favoritism in giving references, and was 
surrounded by a clique who received them. 1 As an 
advocate he was successful with special juries, but 
Piatt beat him before common ones. He was emi- 
nently correct in his demeanor, and set an excellent 
example to the bar by his regular attendance at the 
Temple Church. When Chancellor he refused Ser- 
jeant Parry and myself, both of us in good business, 
patents of precedence, upon the ground that he had 
fully made up his mind never to confer that rank upon 
a serjeant. He afterwards, very properly but very 
inconsistently, conferred it upon Serjeant Simon and 
Serjeant Sargood. A great scandal was created by 
his appointing a near connection of his own Master 
in Lunacy. This ofiice was intended for lawyers of 
standing and experience, and the gentleman in ques- 
tion was only nominally a barrister, and held a clerk- 
ship in some public office, and, although possessing 

i The selection of junior members of the bar to arbitrate becomes very 
invidious when a leader selects only his own personal friends. 



SAMUEL WARREN. 63 

very high qualifications, certainly did not come within 
the intention of the statute creating the office. Mr. 
Disraeli, shocked at what had the appearance of a job, 
declined to defend it in the House of Commons. The 
gentleman selected instantly sent in his resignation, 
and Lord Chelmsford then appointed Samuel Warren, 
himself little better than a lunatic, although a clever 
one. 

Warren was, at the time, in the House of Com- 
mons, and pronounced a sort of funeral oration upon 
himself when leaving it, which was listened to with 
more patience and apparent satisfaction than any of 
his former speeches. When Mr. Disraeli reformed the 
Conservative Government he left out Lord Chelms- 
ford, and appointed Lord Cairns to fill the office of 
Chancellor. One of this nobleman's acts was to raise 
Alfred Thesiger, a son of Lord Chelmsford, to the post 
of Lord Justice. The appointment was considered 
premature ; but every one who knew Mr. Thesiger 
felt that his legal knowledge and indefatigable indus- 
try warranted the selection, whilst his unvarying cour- 
tesy and real kindness of heart disarmed unkind com- 
ments, and his early death caused universal regret in 
the profession and to all who knew him. I cannot 
forbear offering a personal tribute to his memory. He 
has been with me and against me in several cases; 
most pleasantly we got on together, and the friendli- 
ness which I believe existed between us was by no 
means diminished by his promotion. I know of no 
one for whom I felt a more sincere regard. 

During the period that I was what was humorously 
called reading at Watson's, my parents were still at 



(34 THE DENMAN FAMIL T. 

Hampstead, and I became acquainted with a family 
who, from their connections and associations, were, 
as well as in themselves, extremely interesting. They 
consisted of grandmother, daughter, and grandson. 
The eldest of the three was Mrs. Denman, widow of 
the eminent physician; the second lady was her 
daughter, also a widow. Her husband was the cele- 
brated Sir Richard Croft. It is well known that the 
young and popular Princess Charlotte died whilst 
under his care. Much bitterness existed at that time 
against her father, and calumnies extended most un- 
justly to his physicians. Sir Eichard was very sen- 
sitive, and his mind gave way under the pain inflicted. 
Sir Thomas Croft, their son, who had been in the 
Guards and fought at Waterloo, was frequently of the 
party, and it was through my acquaintanceship with 
them that I first knew Sir Thomas Denman, the son 
of Mrs. Denman, Lady Croft's brother and uncle of 
Sir Thomas. He was then Attorney- General, and 
came frequently to see his relatives, and through the 
length and breadth of the land a more truly affec- 
tionate and happy family never existed. 

It is impossible for memory to dwell upon a more 
noble figure than that of the mother of the future 
Lord Chief Justice. Her features were strongly 
marked, and greatly resembled his when he had ar- 
rived at a later period of his life. They lived upon 
Heath Mount, where I was frequently received by 
them. Mrs. Denman was very fond of whist, and 
would play three or four rubbers without apparent 
fatigue. 1 The party consisted of the three I have al- 

1 At this period long whist was always played, and I imagine that old- 



LORD DENMAN. 65 

ready mentioned and myself. I think I remember 
Miss Joanna Baillie on one occasion joining the tea- 
table. They were all most kind to me, and, inde- 
pendent of the boon they conferred by making me 
known to the future Chief Justice, I shall always feel 
that their society was one of the most agreeable in- 
cidents of my life. 

As I only profess to give my own experiences, and 
leave history to deal with general events, I have but 
little to record relating to Lord Denman's career. 
Every one has heard of the noble stand he made in 
defense of Queen Caroline, and it speaks well for 
William IV., upon whom during the trial he made a 
bitter attack, that it was by his appointment that he 
became Lord Chief Justice. Whilst he filled that of- 
fice my practice was confined principally to the crim- 
inal courts, and consequently, except upon the occa- 
sions when he presided at those tribunals, I had no 
opportunity of observing him. His manner was uni- 
formly gracious and kindly, and his demeanor digni- 
fied. Cruelty, or oppression of any kind, would elicit 
from him occasional bursts of indignation, but in his 
administration of criminal justice he never forgot the 
natural frailty of human nature. 

One personal incident, having an important bearing 
upon my career, I may be permitted to mention. I 
had been just four years at the bar, and neither my 
prospects nor finances were flourishing. The spring 
assizes were going on at Maidstone, when one of the 
boatmen attached to the Thames Police called on me, 

fashioned people thought there was profanity in the change now universally 
adopted, but which then, like smoking, was supposed to indicate a fast and 
reckless life. 

5 



66 MONTAGUE CHAMBERS. 

in great distress. His mother was in grievous trouble. 
She had committed some small offense, and was to be 
tried before Lord Denman. At the poor fellow's en- 
treaty I defended her, and she was acquitted. At the 
judges' dinner, afterwards, Lord Denman, shaking 
hands with me, said, "You did that case very well, 
but it was the witnesses to character got the woman 
off." He alluded also to the meetings at his mother's 
of which I have made mention. On the summer as- 
sizes following he was also the judge, and I applied 
to him for a revising barristership. There was only 
one vacancy, which he gave to a Mr. Kennedy. I 
happened, in somewhat disconsolate mood, to go into 
the court as it was rising, and caught his eye. As I 
heard afterwards, after seeing me, he sent for Mon- 
tague Chambers, who held a revising appointment, 
and asked him if his position upon circuit was not such 
that he might dispense with it. That gentleman at 
once placed it at Lord Denman's disposal, and he sent 
it to me. The remuneration was not large, but at 
that time it was vitally serviceable. I held the ap- 
pointment for four years, when the number was di- 
minished, and those last appointed were excluded. 
My colleague upon this occasion was Mr. Shee, after- 
wards a judge of the Queen's Bench. 

I am sure the members of my profession will ex- 
cuse me for saying a few words on Chambers, and I 
believe all will join me in the tribute that this op- 
portunity gives me of paying, to one who not only 
served me on that occasion, but with whom I have al- 
ways remained on terms of friendship. Originally in 
the Guards, he doffed the scarlet at the call of duty 



POSTSCRIPT. G7 

and affection, became an assiduous worker, a success- 
ful advocate, and leader of the Home Circuit, and no 
man ever attained position who, by strict honor, fair- 
ness, and integrity, deserved it better. I am glad to 
say that, although he has retired from the profession, 
I still meet him at a club to which we both belong ; 
and whilst he has not reaped the highest honors, he is 
always contented and in good spirits, and not alto- 
gether unwilling to furnish his numerous friends with 
some of the anecdotes of his career. 

POSTSCRIPT. 

Me,. Serjeant Andrews was the gentleman I 

have mentioned in a former chapter as being the 

opponent of Mr. Serjeant Adams for the office of 
Chairman of the Middlesex Sessions. 



CHAPTER VI. 

THE THAMES POLICE COUET. 

AT the time I. was called to the bar my father was 
a magistrate, and was residing at the official resi- 
dence of the Thames Police, then situated at Wap- 
ping, on the river-bank, opposite to what was called 
Execution Dock, where, but shortly before, it was the 
custom to hang pirates in chains. He had for a col- 
league an old sea captain of the name of Pichbell. It 
was thought, in those days, that the experiences of 
navigating a ship on the sea would be a good prepara- 
tion for administering the law in connection with the 
river. At this office there was a staff of police under 
the control of the magistrate, and the river was pa- 
trolled by this force. I was accustomed to accompany 
them day and night. They saved my limited resources 
the expense of cabs; and many is the chase I have 
joined in of suspicious wherries, and sometimes a 
scamper, not unattended with danger, upon shore, 
when the officers were in the performance of their 
duties. I believe them to have been an admirable 
body of men, joining discipline with much of the 
knowledge possessed by the old Bow-Street runners ; 
and it was to one of these men that I was indebted 
68 



MR. BRODERIP.— AWKWARD MISTAKE. QQ 

for the brief that, as I have already mentioned, 
brought me to the attention of Lord Denman. 

A Mr. Broderip became colleague with my father 
upon the decease of Captain Bichbell. A barrister, a 
good lawyer, and refined gentleman, he was a fellow 
of the Zoological Society, and took great delight in 
the inmates of the Gardens. I cannot refrain from 
mentioning an anecdote that occurred many years af- 
ter, when he had been transplanted to the Marylebone 
Police Court. I was then in some criminal practice, 
and appeared before him for a client who was suggest- 
ed to be the father of an infant, and about which there 
was an inquiry. Mr. Broderip very patiently heard the 
evidence, and, notwithstanding my endeavors, deter- 
mined the case against my client. Afterwards, calling 
me to him, he was pleased to say, " You made a very 
good speech, and I was inclined to decide in your 
favor, but you know I am a bit of a naturalist, and 
while you were speaking I was comparing the child 
with your client, and there could be no mistake, the 
likeness was most striking." "Why, good heavens !" 
said I, "my client was not in court. The person you 
saw was the attorney's clerk." And such truly was 
the case. 

My father afterwards took a house in Cadogan 
Place, where he died. I remember the late Charles 
Mathews canvassing him for his vote for the appoint- 
ment of district surveyor # at Bow. He obtained it, 
and also the place. Fancy one of the brightest of 
mortals amongst the chimney-pots of Bow ! He did 
not long remain in this uncongenial sphere ; and I re- 
member shortly after, in company with a large party, 



70 MR. CONST. 

consisting of Adolphus and others, old and fast friends 
of his father, seeing him make his first appearance at 
the Olympic Theatre in the farce of "Old and Young 
Stagers," inaugurating the brilliant career which, to 
the sorrow of all acquainted with him, has recently 
terminated. 

Mr. Const, who, as I have already mentioned, pre- 
sided at the Middlesex Sessions when I joined them, 
occupied a house at the eastern corner of Clarges 
Street, in Piccadilly. He kept an open table for his 
intimate friends, who were in the habit of notifying 
their intention to dine — within a certain number and 
up to a given hour of the day. My father was one of 
the privileged, and I was frequently received at these 
parties, where I met very pleasant people — amongst 
others, William Dunn, " Billy Dunn," treasurer of 
Drury Lane Theatre — and sometimes departed, after 
a hospitable dinner, with tickets in my pocket for Old 
Drury, no small boon to a pocket that did not contain 
much cash. 

Sir Frederick Roe was also a constant and very 
welcome visitor. I believe that he succeeded Sir 
Robert Baker as chief, magistrate at Bow Street. He 
was a tall, handsome, gentlemanly man, who had the 
reputation of having enjoyed life in many phases. He 
succeeded to a large fortune, and retired from the 
bench. I remember my father congratulating him 
upon his accession to wealth. "Ah ! " said he, with a 
deep sigh, "it has come too late." 

A very different style of magistrate was Mr. Laing, 
whom I also frequently met. I never saw him with- 
out thinking of a shrivelled crab apple. In the story 



NERVOUSNESS. 7J_ 

of " Oliver Twist" Charles Dickens caricatured him 
under the name of Fang. 

A reverend gentleman complained of him to the 
Home Office. I fancy he had exhibited some irrita- 
bility of temper in a case before him, and the author- 
ities were not sorry to follow the lead of a popular au- 
thor, and dismissed him. His accuser was shortly 
afterwards convicted of stealing a silver spoon at a 
chanty dinner at which he presided. 

Mr. Laing, notwithstanding an unfortunate temper, 
was a thoroughly honorable gentleman, a good law- 
yer, and accomplished scholar, very precise in his 
dress, but, as I have said, very sour-looking. Every 
day of his life he might be seen at the same hour 
wending his way to the Athengeum Club, where he 
always dined. 

I do not think that glibness and self-confidence ex- 
hibited early in court are a good augury for ultimate 
success. No one, until he has measured himself with 
others, has a right to form a high opinion of himself. 
It is true that after a young barrister has ejaculated 
with difficulty a few incoherent words, he sits down 
with a parched throat, and - a sort of sickening feeling 
that he will never succeed ; but the most successful 
of advocates have experienced these sensations, and 
to this day I believe that many rise to conduct cases 
of importance with some of their old emotions. In a 
former chapter I have described my sensations when 
first I was called upon to address the court, and it was 
long before I could do so with any amount of confi- 
dence. 

Although in the legal scale criminal courts and crimi- 



72 CENTRAL COURT. 

nal trials do not hold the first places, they are of far 
more importance in the eyes of the general public than 
those tribunals and elaborate investigations by which 
the greatest reputations and highest rewards are ob- 
tained, and the Crown courts ought to be presided over 
by men who can command and enforce respect. Such 
certainly was not the rule when, in natural connection 
with the Middlesex Sessions, I first joined the bar at the 
Central Criminal Court; and there can be no doubt 
that the mode in which business was conducted in that 
tribunal made it a term of opprobrium to be called an 
Old Bailey barrister. Except in very grave cases, the 
business was presided over by judges appointed by 
the City. A canvass amongst a parcel of by no 
means the highest class of tradesmen, who were quite 
incompetent to form a judgment, obtained for candi- 
dates the places of Common Serjeant and Commis- 
sioner, the Recorder being appointed by the Court 
of Aldermen. The sittings of the court commenced 
at nine o'clock in the morning, and continued until 
nine at night. There were relays of judges. Two 
luxurious dinners were provided, one at three o'clock, 
the other at five. The Ordinary of Newgate dined 
at both. The scenes in the evening may be imag- 
ined, the actors in them having generally dined at the 
first dinner. There was much genial hospitality ex- 
ercised towards the bar, and the junior members were 
given frequent opportunities of meeting the judges 
and other people of position ; but one cannot but 
look back with a feeling of disgust to the mode in 
which eating and drinking, transporting and hanging, 
were shuffled together. 



THE ORDINARY. 73 

The City judges rushing from the table to take 
their seats upon the bench, the leading counsel scur- 
rying after them, the jokes of the table scarcely out 
of their lips, and the amount of wine drunk, not ren- 
dered less apparent from having been drunk quickly — 
this is now all changed. The early dinners and evening 
sittings have been interred with other barbarisms, and 
the hours are the same as in the civil courts. At the 
period I am speaking of, Mr. Cotton was the Ordi- 
nary — not easily to be forgotten, somewhat tall, very 
portly. His rubicund visage betokened the enjoy- 
ment of the good things of this life. He was most 
punctual in his attendance at both dinners, and never 
affronted the company by abstinence at either. He 
possessed a sort of dry humor, and I fancy was popu- 
lar in the City. I had no opportunity of learning 
whether he performed the very different offices con- 
nected with his appointment with the same success 
that he did his prandial ones. One of the jokes re- 
corded of him has often been repeated. It was part 
of his duty to say grace, including in it a prayer for 
the principal officials. "Why," he was asked, " do 
you not name the under-sheriffs?" "I only pray for 
great sinners," was his reply. 

The Honorable Charles Ewan Law, whom I have 
already mentioned, was the Recorder: dignified in 
manner before dinner always, and merciful, pompous, 
and disagreeable, he possessed ability quite equal to 
the necessities of his office. I remember an amusing 
incident connected with him. On one occasion, after 
dinner, he overturned his tray of coffee, which was 
resting upon the bench. He said not a word. The 



74 THE HON. JAMES STUART WORTLEY. 

same' jury sat the next morning. He had some coffee 
brought in — quite an unusual thing at that hour. 
Somehow it went over, to the great discomfiture of 
the Clerk of Arraigns, who sat underneath. Turn- 
ing to the jury, he said: " Grentleinen, I have con- 
stantly begged that the desk should be made broader. 
I met with the same accident on another occasion." 
Mirehouse, the Common Serjeant, always called Taffy, 
was a hot-headed Welshman, good-humored and 
kindly enough. He turned the court into a low- 
comedy theatre. Arabin, the Commissioner, a shrewd, 
quaint little man, enunciated absurdities with most 
perfect innocence. 

"I assure you, gentlemen," he said one day to a 
jury, speaking of the inhabitants of Uxbridge, "they 
will steal the very teeth out of your mouth as you 
walk through the streets. I Jcnoiv it from experience." 
It ought to be mentioned, to the credit of the Corpo- 
ration, that it had upon a former occasion elected Mr. 
Denman as Common Serjeant, 1 and the most pleasant 
years I passed in the court were during the time that 
the Honorable James Stuart Wortley was Recorder. 
This gentleman was an excellent judge, and extremely 
popular with everybody. 2 

On a morning in October, 1834, I was entertained 
at breakfast in the Regent's Park. A tall, gaunt old 
gentleman was my host. Afterwards I was taken 
down in a most respectable family coach to the Ses- 
sions House, Clerkenwell Green, and there intro- 
duced to my future companions at the bar. Mr. Alley, 

1 This was before my time. 

2 He afterwards became Solicitor-General, and was succeeded by Mr, 
Gurney. 



ALLEY AND AD OLPHUS. 75 

as I have before mentioned, one of its oldest mem- 
bers, performed this kindly office. He had had for- 
merly a large business in the criminal courts, sharing 
it mainly with Mr. Adolphus; but both these gentle- 
men were now succumbing to the inroads of younger 
men, Charles Phillipps and Clarkson, with Bodkin 
bringing up the rear, getting the cream of the busi- 
ness. Peter Alley was an Irishman; he had the rep- 
utation of being a good criminal lawyer, and although 
his manners were rough, his feelings were those of a 
gentleman. He was most hospitable and kind. I have 
already mentioned a well-known tavern called the 
London Coffee House. It still exists, but its char- 
acter is changed. Then it was frequented by mer- 
chants and City men of position, and during the sit- 
tings of the Central Court, Alley used to dine there 
often, and invited from time to time members of the 
bar, to whom the dinner was both an object and a 
compliment. I was many a time his guest. He and 
Adolphus had numerous quarrels, one of which led 
to the oft-recorded duel on the Calais Sands. I have 
heard a story in connection with it which is rather 
amusing. I imagine that neither of them wanted to 
fight ; but after one of these disputes, Adolphus sent 
a letter of the most insulting character to Alley's 
house. He might have addressed it to his chambers. 
By accident, of course, Peter left the letter on the 
table, where Mrs. Alley found it, and, naturally, also 
read it. Alley blamed his carelessness bitterly; but 
his wife, having true Hibernian blood in her veins, 
holding the missive in her hands, exclaimed, " Peter, 
much as I love you, I would sooner see you brought 



76 ADOLPEUS. 

home on a stretcher than submit to such an insult." 
The two fought, and one, I forget which, shot off a 
part of the other's ear. They were both very proud 
of the exploit, and, with a few growls, remained af- 
terwards tolerable friends. Let me say a few words 
of Adolphus. He was nearly a great man, and but 
for an unfortunate temper would probably have risen 
to the highest honors of the profession. He was a 
lucid and impressive speaker, and possessed a singu- 
larly logical mind. A fair judgment may be formed 
of his powers by reading a speech he made upon the 
Cato Street conspiracy case, in which he greatly dis- 
tinguished himself. 

He was called to the bar at a comparatively late 
stage of life, and, although occasionally engaged in 
civil causes, remained almost to the day of his death 
a practitioner in the criminal courts. During some 
portion of the period when he was in practice, Ten- 
terden, a morose judge, who was supposed to be much 
under the influence of Sir James Scarlett, was Chief 
Justice of the Queen's Bench. 

Sir James upon one occasion, how provoked I do 
not know, said, "Mr. Adolphus, we are not at the Old 
Bailey." "No," was the response, "for there the judge 
presides and not the counsel." x When I first knew 
Adolphus he had attained an advanced age, and it was 
sad to witness the wreck he had become ; sad to think 
of a life so wasted, of great abilities so cast away. 
There was little generosity shown him by those who 
were at this time doing the principal business ; and 

» Since writing the above, I have met the anecdote differently worded iu 
Campbell's Lives of the Chief Justices. 



CHARLES PEILLIPPS. 77 

pygmies to him in intellect were enabled, through his 
unhappy irritability, to drive him almost to madness. 1 
Whilst referring to his temper, I am pleased to record 
that to his juniors and his inferiors it was never exhib- 
ited. To them he was unvaryingly considerate and 
kind ; and I must also mention that he had been for 
years a sufferer from a painful disease, which he bore 
with the greatest patience and magnanimity. He lived 
in Gower Street, where he gave frequent parties, 
which were very popular, mainly through the accom- 
plishments of his daughter and daughter-in-law, the 
wife of his only son, John Leycester Adolphus, after- 
wards a county court judge. He himself was a thor- 
oughgoing Tory, and wrote a history of George III. 
through Tory glasses, and when he died, an affection- 
ate father and sincere friend passed away. 

Mr. Charles Phillipps was a curious compound of 
intellectual strength and weakness. He possessed 
undoubted genius, and power of speech amounting 
at times to eloquence, but was deficient in moral cour- 
age and self-reliance. He was an Irishman by birth, 
and his face and figure were greatly in his favor — 
tall, with well-formed and expressive features, and a 
musical voice. He had commenced his career on the 
Munster Circuit, where he produced a great impres- 
sion upon juries more impulsive than those he had to 
address in England. Several specimens are given of 
his style by a gentleman who has written some very 
amusing articles in a magazine which until lately was 
called the "Dublin University." He was still young 
when he came over to this country, and, somewhat 

» These observations do not include Mr. Bodkin. 



78 ANECDOTE. 

inflated by the praises he had obtained, imagined him- 
self to possess all the attributes, instead of only the 
more superficial ones, of a great orator. Wanting in 
discretion, when before a tribunal of which he had no 
experience, he laid himself open to a merciless attack 
at the hands of Brougham in one of the first cases in 
which he appeared in the Court of Queen's Bench. 
He collapsed under the punishment, and rarely ap- 
peared afterwards in any of the civil courts. A ro- 
mantic incident occurred at the commencement of his 
residence in this country, in the shape of a love-affair 
with a very beautiful girl, whom he subsequently 
married, and a duel with an unsuccessful rival. 

When I commenced my career he was signally the 
prisoners' counsel at the Old Bailey, the Middlesex 
Sessions, and also upon the Oxford Circuit. In this 
capacity he was certainly at that time unrivaled. He 
had great readiness, a power of repartee, earnestness 
when it was required; and whatever deficiency he may 
have shown in his earlier career, he had acquired a 
very sound judgment. He was never dull, and the 
juries liked him. I remember upon one occasion, in 
the robing- room, when poor Adolphus, in a state of 
irritation, and when his business had nearly all fallen 
into the hands of Phillipps, said to that gentleman : 
"You remind me of three B's — Blarney, Bully, and 
Bluster." "Ah!" said Phillipps, "you never com- 
plained of my B's until they began to suck your 
honey." 

I may here mention an incident that occurred in 
connection with the trial in which Brougham and 
Phillipps were opposed, and which I believe to be 



POSTSCRIPT. 79 

perfectly true. A friend of the latter gentleman, of 
the name of MacDowell, was a reporter upon the staff 
of the "Times" newspaper, and it fell to his lot to re- 
port his friend's speech. The reply of Brougham came 
within the province of another gentleman. Mac- 
Dowell wished his associate to leave out some of the 
more stinging passages, but he would not be persuaded 
to swerve from his duty. MacDowell contrived, how- 
ever, to soften their effect by omitting the parts in 
Phillipps's speech to which they referred, and, this be- 
ing discovered, he lost his position on the " Times." 
My father, from whom I heard the story, knew the 
poor fellow, who never afterwards rallied, and died, I 
fear, in great poverty. Phillipps himself kissed the 
rod that had chastised him and became a constant as- 
sociate of Lord Brougham, who made him Com- 
missioner of Bankruptcy at Liverpool, an office for 
which he was singularly unfitted. Subsequently he 
was appointed to be one of the judgH?i of the old 
Insolvent Court, which required a good knowledge 
of figures, about which he knew nothing ; and his 
colleague, who knew little more, was a gentleman 
notoriously more insolvent than most of the suitors 
who sought relief at his hands. 

POSTSCRIPT. 

My friend Mr. Archdale, in alluding to the first 
appearance of Charles Mathews, mentions the fol- 
lowing incident in the article to which I have al- 
ready alluded : " Poor Liston had to deliver a poet- 
ical and pathetic address upon the occasion, but the 
moment he appeared roars of laughter from every 



80 POSTSCRIPT. 

part of the house greeted him, and although the 
tears were streaming down his cheeks as he de- 
livered the lines, they had no effect upon his 
audience." 

Liston, with whom I had a slight acquaintance, 
was essentially a melancholy man. He seemed to 
have been created to afford amusement to the masses 
by the exhaustion of all power of retaining amuse- 
ment for himself. He was also very sensitive, and 
I believe he never would allow his children to wit- 
ness his acting, which he considered to be in vio- 
lation of the intentions of Providence and a dese- 
cration of the great attributes of his nature. 



CHAPTER VII. 

THE TRIAL OF C OURVOISIER. 

CHORTLY before Mr. Phfflipps left the bar his 
*^ name became associated with the Courvoisier 
trial, which for many reasons interested me, and some 
of the circumstances of which may, I think, equally 
interest my readers. 

On May 6, 1840, Lord William Russell was found 
murdered at his house, No. 14 Park Lane. London 
was in a state of excitement. The age of the noble- 
man, his great historic name and position in society, 
all combined to aggravate the horror naturally excited 
by such an event. The circumstances clearly pointed 
to domestic treachery ; and Courvoisier, his confiden- 
tial valet, was apprehended, and, on June 18 follow- 
ing, was put upon his trial, charged with the murder 
The occasion might, from the appearance the Old 
Bailey presented, have been thought one of the most 
festive character. The court was crowded with ladies 
dressed up to the eyes, and furnished with lorgnettes, 
fans, and bouquets ; the sheriffs and under-sheriffs, ex- 
cited and perspiring, were rushing here and there, 
offering them what they deemed to be delicate atten- 
6 81 



g2 COURVOISIER TRIAL. 

tions. A royal duke honored the exhibition with his 
presence, and, upon the occasion of a witness giving 
a particular answer to a question from counsel, showed 
his approval by an ejaculation of "Hear, hear." 

Sir Nicholas Tindal, the presiding judge, was so 
hemmed in by the extensive draperies of the sur- 
rounding ladies that he had scarcely room to move, 
and looked disgusted at the indecency of the spec- 
tacle ; and I may here say that the scenes still occa- 
sionally presented upon celebrated trials at the Old 
Bailey do little credit to the officials who encourage 
them. Mr. Baron Parke, to whom I shall hereafter 
allude, was associated with the Chief Justice upon 
the trial. Mr. Adolphus led for the prosecution, and 
in opening it made allusions, scarcely in good taste, 
to the fact of the accused being a foreigner, giving 
Mr. Phillipps, who defended him, an opportunity for 
a display of eloquent protest. The trial lasted for 
three days ; and the proceedings upon the first two 
were scarcely conclusive enough to have secured the 
conviction. Upon the third day, when I came into 
the robing- room in the morning, I found Mr. Phil- 
lipps there, evidently very much agitated. I learned 
afterwards that some new evidence of an important 
character had come to the knowledge of the prosecu- 
tion and been communicated to him. 

A considerable quantity of plate had disappeared 
from Lord William's house, and it was discovered 
that immediately after the murder it had been depos- 
ited by Courvoisier with some people m the neigh- 
borhood of Leicester Square. This circumstance had 
been disclosed on the previous evening. Courvoisier, 



COURVOISIER TRIAL. 83 

to whom it was made known, requested an interview 
with his counsel, which was very properly accorded, 
and upon this occasion he admitted the correctness of 
the statement as to the discovery. 

He did not, as was generally supposed and asserted 
at the time, avow that he had committed the murder, 
although doubtless what he did own was very strin- 
gent evidence of the fact ; and the communication 
was certainly made, not for the purpose of admitting 
his guilt, but merely to prepare his counsel to deal 
with the evidence. 

The course pursued by Mr. Phillipps showed the 
inherent weakness of his character. It was pecul- 
iarly a situation for self-reliance and sound judgment. 
He was bound to continue the defense ; although no 
doubt his mode of conducting it could not but be 
materially affected by the new circumstances. Mr. 
Phillipps, however, adopted a line that was wholly 
inexcusable. He sought an interview with Mr. Baron 
Parke — who, it must be remembered, although not 
the presiding judge, was assisting at the trial — com- 
municated to him the confession of his client, and 
asked his advice. This conduct placed the judge in 
a most painful position, and was grievously unjust to 
the accused. It is probable that if Baron Parke had 
not been taken by surprise, he would have declined 
to express any opinion. I happen, however, to know 
that, having learned that the prisoner did not intend 
to relieve his counsel from the defense, the learned 
baron said that of course he must go on with it. And, 
if he gave any advice at all, this was the only advice 
he could give, and ought to have been patent to the 



84 COURVOISIER TRIAL. 

inquirer ; and certainly no censure can be too severe 
upon the conduct of Phillipps, who, when assailed 
for his management of the case, violated the confi- 
dence that his interview with Baron Parke demanded, 
and endeavored to excuse himself by saying he had 
acted under that learned judge's advice. 

I heard Phillipps's speech: it was extremely elo- 
quent. He made the most of some indiscretions in 
his opponent's opening, but he was overweighted by 
the facts ; and certainly, since I have been at the bar, 
juries have not shown themselves apt to be carried 
away by flowers of rhetoric. Many of those used by 
him in this speech were not only in bad taste, what- 
ever might have been the circumstances, but upon 
this occasion they were utterly unjustifiable. I have 
refreshed my memory of some of them from a most 
useful and admirably arranged work of a Mr. Irving, 
called " Annals of our Time," and from his work I 
extract the following specimens: "Supposing him to 
be guilty of the murder, which is known to Almighty 
God alone" ; "I hope for the sake of his eternal soul 
that he is innocent." Such expressions from the 
mouth of an advocate possessing the knowledge that 
Phillipps did at the time he used them, were not only 
offensive to good taste, but scarcely escaped convey- 
ing a positive falsehood. 

It is of the essence of advocacy that counsel should 
under no circumstances convey his own belief, or use 
expressions calculated to do so, and the only excuse 
that I can find for Phillipps is from the knowledge that 
he always composed his important speeches before 
he delivered them, and that up to the morning of the 



TRANSPORTATION. 35 

last day lie believed that Courvoisier was innocent. 
But whilst this may redeem him from the imputation 
of conveying a falsehood, it does not excuse the lan- 
guage in which he indulged. 

There is not, I think, any ground for saying that he 
endeavored to fix guilt by unworthy means, upon a 
servant girl. It may be said that in every case where 
it is acknowledged that an offense has been commit- 
ted the defense of the client must be founded upon 
the assumption that some one else is guilty ; but, ex- 
cepting those expressions to which I have alluded, and 
which do not point to any one in particular, I cannot 
recall anything that went beyond the bounds of legiti- 
mate advocacy ; and I am sure that, whatever his faults 
of taste and judgment, he would not have been capa- 
ble of so grave a crime. 

He felt very bitterly the comments made upon him 
by the press. I think they went beyond what his 
conduct deserved, but, as I have been obliged to ad- 
mit, he certainly laid himself open to very grave cen- 
sure. I suppose few counsel have defended more ac- 
cused persons than myself, and I must allow that in- 
nocence was not the characteristic feature of the major- 
ity of my clients ; but I cannot remember any case 
in which I received an unqualified admission of guilt. 
The utmost that approached to it was a mild sugges- 
tion that if the evidence was too strong for me to ob- 
tain an acquittal, it was hoped that I would save my 
client from transportation. 

I think that it may not be unserviceable at the ex- 
isting time to make a few observations upon this sub- 
ject. I am greatly struck by many of the features 



g6 PUNISHMENT. 

that now present themselves in connection with crime. 
I think they are very formidable, more so than ever I 
remember them, and unless they are checked, point 
to an appalling future. There seems to me to be 
more abstract brutality amongst the criminal classes, 
and more recklessness of human life, and certainly, the 
contingencies to which the police are subjected whilst 
executing their functions are extremely frightful. 
The question, therefore, must come to the front wheth- 
er our present punishments are the most efficacious 
that can be applied. 

When transportation was in force it created much 
dread in the minds of the criminals. There was a mys- 
tery attendant upon it, and a sense of final separation 
from every home tie. It operated also most strongly 
upon their friends and accomplices, thus creating, what 
is most to be desired, an efficient example to others. 
Now their friends know where they are, and in the mis- 
erable holes in which they themselves grovel, in cold, 
starvation, and wretchedness, they are apt almost to 
envy the food and warmth of a prison. There is also 
another point to be considered, if I am right in the 
view that I have formed. There are classes of criminals 
that can never be reformed whilst they are allowed to 
remain in this country, and yet their offenses may not 
justify imprisonment for life. Practically, a gaol ed- 
ucates them for graver ones. These include thieves 
from their birth, but who carry on their trade without 
resorting to violence. In another country they might 
find an opening for redemption ; in this, none. There 
may be political grounds which make it impossible to 
revert to the system of transportation. With these 



CRIMES OF VIOLENCE. 37 

I am not capable of dealing ; but my experience may 
be trusted for knowing that next to death it inflicted 
the greatest terror, and to those capable and desirous 
of repentance the only chance of reformation. 

The crimes, however, that are now creating a feel- 
ing allied to terror in the public mind, are those which 
subject our fellow-creatures to death or cruel injury, 
and the question requires very grave consideration and 
a freedom from morbid sentimentality. The punish- 
ment of death is still ' continued, and is thought to 
be sufficient to intimidate brutal offenders, and of one 
thing I have no doubt, that there is no example of a 
criminal under a capital sentence, who would not with 
joy exchange jthe penalty for any other form of pun- 
ishment known to our law. Why, if it be inflicted 
and is supposed to be thus efficacious in any case, 
should it be applied to a result and not to the inten- 
tion ? Why should a villain, armed with a revolver, 
maim a man for life whilst in the performance of his 
duty and escape the gallows % I think that the police 
ought to be told that they shall be furnished at least 
with every protection possible. There were many 
conscientious and kindly-hearted people who objected 
to the lash being used ; but surely if a deliberate war 
is waged by crime, and carried on by reckless violence 
and brutality against society, the most efficacious 
means ought to be used to defeat it. I am quite 
aware that any punishment that shocks the bulk of 
thinking and observant people could not be estab- 
lished ; but humanitarianism may be carried too far, 
and we have arrived at a crisis when order must 
assert itself in language which will produce a deter- 
rent effect upon criminals. 



88 POSTSCRIPT. 

Whilst upon the subject of scoundrels and their 
doings, it will not be amiss to mention two who, 
amongst a crowd of smaller ones, flourished about the 
time of the Courvoisier trial. The cut-throats and 
garotters who at different periods have . infested the 
metropolis were not greater pests than the proprietors 
of two newspapers called the " Age" and the " Sat- 
irist." The weapons with which they effected their 
robberies were slander and threats. They hunted out 
the secrets of families, and lived upon the fears of 
those to whom they appertained, and for some time 
these miscreants drove a thriving trade. Their names 
were, I believe, Westmacott and Barnard Gregory. 
I witnessed the former in the dress-circle of Covent 
Garden Theatre howling under the horsewhip of Mr. 
Charles Kemble, whose daughter he had foully slan- 
dered, and I had the satisfaction of convicting the lat- 
ter at the Old Bailey. 

A volume might be filled with a record of their 
villainies, and of the desolation that followed upon 
their trial. Let us hope that, like the murders com- 
mitted by professional duelists, they are the filthy 
emanations of a by-gone age, and are buried in the 
infamy generated by their existence. 

POSTSCRIPT. 

Although in the above and following pages I 
have not assumed to myself the position of a dic- 
tator to those who have means of knowledge far 
greater than mine, I, nevertheless, have possessed 
opportunities of witnessing under many phases the 
operation of crimes and the application of punish- 



POSTSCRIPT. 89 

merits; and if suggestions of mine can be of any 
service, it would gratify me to feel that my career 
has not been without some value to my fellow- 
creatures. I do not believe in the preventive effect 
of long imprisonments. I do believe that mentally 
and physically they demoralize their victims, whilst 
after a time the labor ceases to be a punishment, 
and warmth and food are recognized as the only 
happiness of life. 

When released they may still have mind enough 
left to become the instructors of youth in the quar- 
ters already corrupt enough to which they return. 
I have glanced at the reasons why I strongly advo- 
cate a system of transportation. I am confident 
that it is a most deterrent punishment, and I can- 
not help thinking that in some of our African col- 
onies it might be carried out. It is said that the 
unhealthiness of the climate makes it in many cases 
a death sentence ; but surely, when our soldiers and 
sailors are sent there, and when lawyers accept po- 
sitions embodying every risk, the climate is good 
enough for our malefactors. It may not be gene- 
rally known that when transportation was first in 
use it was not part of the penal code, but in cases 
of death sentences the choice was offered to the 
criminals. 

There is at the present moment in a part of the 
United Kingdom an organization of the foulest 
crimes, and so long as any punishment is inflicted 
that keeps the perpetrator within the reach of his 
friends, its dread possesses but small effect. Let 
the conviction under the summary processes which 



90 POSTSCRIPT. 

are now proposed be followed by a removal from 
the country for ever, whether with additional pun- 
ishment or not. Unless I have greatly misjudged 
the effect of transportation, and my knowledge of 
human nature has gone far astray, there will be 
introduced a means of checking crime that at pres- 
ent does not exist either in England or Ireland. 



CHAPTER VIII. 

THE CENTRAL CRIMINAL COURT. 

AI7ILLIAM CLARKSON enjoyed a large busi- 
ness at the Central Criminal Court. He was 
not without ability of a certain kind, which was great- 
ly assisted by his connection by marriage with a re- 
spectable firm of solicitors. Loud-voiced and swag- 
gering, with oneundeviating form of cross-examination, 
whatever might be the position or character of the wit- 
ness, and that the very reverse of gentle or refined, he 
did much to maintain the opprobrium attaching to those 
who practiced at the court. He was by no means con- 
siderate to his juniors, but succumbed at once to those 
capable of resistance. My recollection does not furnish 
me with any circumstances in his career, professionally 
or privately, that I can record to his advantage. 

William Henry Bodkin was a man of a different 
type, and, in my opinion, if his education had been 
equal to his natural ability, he would have attained a 
very high position. He was acute and clear-headed, 
and, as I have already mentioned, he was very suc- 
cessful in the civil business of the Middlesex Sessions 
He was a pleasant companion and extremely popular, 

91 



92 CHARLES WILKINS. 

and there were many, including myself, who received 
from him substantial marks of kindness. 

When Mr. Phillipps obtained the appointment which 
I have recorded in the last chapter, I acquired a con- 
siderable accession of business, which, however, 
greatly diminished upon the advent of Mr. Charles 
Wilkins, a man who had already attained a high posi- 
tion at sessions in the North of England. He was 
at once patronized by the solicitors practicing in the 
court, and the qualities he possessed were calculated 
to create early impressions in his favor. An imposing 
person and a deep sonorous voice controlled the audi- 
ence. He was a fluent speaker, and arranged the 
matter he had to deal with very clearly. His expe- 
riences in many walks of life 1 must have furnished 
him with extensive knowledge of human nature ; his 
mind, however, was incapable of grasping the niceties 
of law, and he possessed no readiness in dealing with 
any matter suddenly started. A successful repartee 
threw him upon his back, and ridicule drove him fran- 
tic. He greatly diminished my business when first 
he came, but I fancy after a time I discovered his 
weak points, and I do not think he maintained the 
reputation he had gained when he first joined the ses- 
sions. He afterwards changed the scene of his labors 
by taking the coif, and in a certain class of civil busi- 
ness again, for a certain time, obtained considerable 
success. Whilst practicing at the Central Criminal 
Court he defended a solicitor, named Barber, in a 
very celebrated trial, of which I propose hereafter 
to give some account. 

1 There were many stones told of the vicissitudes of his life which I have 



ALDERMAN HARMER. 93 

Subsequently to his departure I shared the lead 
with Mr. Parry, a man of great knowledge, power, and 
ability, until both of us quitted the field and followed 
Mr. Wilkins's example by taking the degree of the 
coif. We were often subsequently brought in special 
to the Central Criminal Court, and probably even 
upon this stage did not lose much by our promotion. 

Before concluding my recollections of the Court, I 
ought to mention two firms of solicitors who divided 
between them much of the defense business. Mr. 
Harmer, an alderman of the City of London, was at 
the head of one of them, and carried on business in 
Hatton Garden. His appearance indicated good liv- 
ing and good nature ; he was gifted with great shrewd- 
ness, and possessed, amongst the classes whose nat- 
ural destination was the Old Bailey, an immense repu- 
tation, and a most profound confidence was reposed 
in him by a large body of clients, none of whom had 
reason to regret their trust. He was rejected as Lord 
Mayor upon the ground of certain opinions, now to 
be found in many respectable journals, that were ven- 
tilated in the " Dispatch " newspaper, of which he 
was proprietor. He realized a good fortune, and built 
a villa on the bank of the Thames, which he chris- 
tened Ingress Abbey, but which his friends called New- 
gate, where he entertained with great hospitality. 

The other firm to which I allude was that of Messrs. 
Lewis and Lewis of Ely Place, the senior partner of 
whom, of small stature and quiet manner, with feat- 
ures characteristic of shrewdness and a kindly nature, 
might often have been seen unpretendingly making 

no means of verifying. He was at one time certainly in the medical profes- 
sion, and at another an actor in the provinces. 



94 ASSAULTS ON WOMEN. 

his way to the barristers' table. ~ His movements were 
watched with anxiety and hope as he quietly walked 
about and slipped a brief into the hands of a pleased 
recipient. His firm possessed a large business, which 
he principally had built up by means in all respects 
honorable to himself. There were two other solici- 
tors of high standing and character who did a large 
business, Mr. Humphreys and Mr. Wontner, but they 
more usually appeared on the part of the prosecutions. 

What was called the Rope-walk was represented by 
a set of agents clean neither in character nor person, 
and I fear that the guinea eagerly sought by coun- 
sel in his early days told a sad tale of misery and 
self-denial endured by those who, as too often is the 
case, had to suffer for the sins of their relatives. 

Duriug my experience I have rarely known a thor- 
oughly innocent person convicted, although there are, 
certain charges scarcely sustained by strict evidence, 
but which carry with them a moral conclusion and 
in which juries are apt to reject law and yield to 
prejudice; but little evil arises from such results, and 
substantial justice is obtained. 

I must, however, except one class of cases in which 
I have seen very grave errors committed by juries, 
and I fear that many innocent people have- suifered. 
I allude to charges preferred by women against the 
opposite sex. Juries in many of these instances seem 
to bid adieu to common sense. The tears of a good- 
looking girl efface arguments of counsel and the sug- 
gestions of reason. However absurd and incredible 
the story told may be, a fainting fit at an appropriate 
time removes from their minds all its improbabilities 



AN UNFORTUNATE HAIRDRESSER. 95 

I have often wished that such charges might be dis- 
posed of by a jury of matrons. In cases that might 
fairly be the subject of an action before a civil tri- 
bunal the juries take up a high moral tone, and think 
themselves justified in inflicting the punishment 
awarded to one of the highest of crimes. I could 
record many instances in which, I believe, there has 
been a lamentably wrong conclusion arrived at against 
the person charged. In one case that I was engaged 
in, and in which the jury would scarcely listen to me, 
they were persuaded by the earnest exhortations of 
the judge to acquit the prisoner, but they appended 
to their finding the hope that his lordship would see 
that he was severely punished. 

I remember a fashionable perruquier being tried 
many years ago at the Central Criminal Court for an 
outrage upon a young person in his employment. I 
cannot give the details of the story, which carried to 
my mind falsehood upon the face of it, but being plau- 
sibly told by a weeping complainant of prepossessing 
appearance, the hearts of the jury were moved, and 
their common sense was washed out. He was con- 
victed and sentenced to a long term of transporta- 
tion, which was, however, subsequently remitted. 

A good story, for the truth of which I should, how- 
ever, be sorry to vouch, is told, that the wife of the 
Governor of New South Wales, happening to be in 
England, implored the Home Secretary to carry out 
the sentence, as there was not a decent hairdresser 
in the colony. 

It is well known that the Old Bailey, rechristened 
the Central Criminal Court when its jurisdiction was 
enlarged, was of civic origin, and still retains its orig- 



96 CITY DIGNITARIES. 

inal character. The aldermen, although they act by 
deputy, are judges, the Lord Mayor being the nomi- 
nal head. The sheriffs, represented by the under- 
sheriffs, appertain to it; and these latter perform their 
more painful functions through the medium of the ex- 
ecutioner. The citizens of London and their repre- 
sentatives have, in the days when the liberties of the 
people were threatened, made many a gallant stand, 
and done good service, and for this deserve the grati- 
tude of posterity ; but now the Lord Mayor, his state 
coach, the aldermen, the men in armor, the sword- 
bearer, and the City marshal are tawdry and useless 
monuments of a past age. The magisterial functions 
are discharged by paid clerks, of whom the aldermen 
are merely the mouthpieces, and might just as well 
be represented by their chains and robes. The mode 
by which officers called upon to perform high judicial 
duties are elected is a scandal to the age. The great 
merchants shrink from all connection with the corpo- 
ration ; and the definition of a good chief magistrate 
is one who has been most profuse in his hospitalities. 

I should be very ungrateful if, in recording my 
opinion of the aldermen in their public capacity, I 
were not to acknowledge the number of most esti- 
mable, kindly, and excellent men who have at all times 
belonged to their body, and, during the early period 
of my practice at the Central Criminal Court, I and 
other members of the bar had to thank them for 
very liberal and unpretentious hospitality. My 
comments apply solely to their position in relation 
to the administration of justice, which I regard as 
mischievous and absurd. 

There was one alderman of whom I have a very 



SIR PETER LAURIE. 97 

distinct recollection : this was Sir Peter Laurie. He 
was a great friend of my father : he was a shrewd and 
far-seeing Scotchman, quaint and conceited, but with 
plenty of sound good sense and an honorable charac- 
ter. I mention him, however, not so much on his 
own account as to introduce to my readers one of the 
most original rogues of the time, and the mode in 
which, upon one occasion, Sir Peter dealt with him. 
Joseph Adie was his name, and amongst other modes 
of raising money he hit upon one of circulating letters 
to numerous people, professing that he had obtained 
knowledge which would be most beneficial to them, 
and by these means for a time he drove a thriving 
trade. 

He was brought up before Sir Peter, whoj finding 
that he had committed no punishable offense, was 
obliged to discharge him ; but in doing so the worthy 
alderman said, by way of reprimand : " Now, Joseph, 
if any one wants to know your character, refer him to 
me." Adie, in all his future letters, headed them, 
" Referred, by permission, to Sir Peter Laurie." Ul- 
timately Mr. Adie fell a victim to a suit by the post- 
office authorities for the price of stamps he had omit- 
ted to pay, and in default was sent to gaol. Whether 
he has since flowered in some other shape I know not ; 
if so, probably he has also thought it convenient to 
appear in some other name. 

As a wayfarer passed in the neighborhood of the 
Mansion House about the period I have been more par- 
ticularly recording, he might frequently have seen two 
neatly dressed personages, somewhat past middle age 
They bore a great likeness to one another, although 
one affected juvenility in a brown wig, the other wear- 



98 THE BROTHERS FORESTER. 

ing his own perfectly white hair. Each presented a 
rosy-faced countenance, and a mild benevolence ap- 
peared to beam upon it ; they might have been the 
brothers Cheeryble. They were the brothers Fores- 
ter, the celebrated City officers ; their hands were 
never profaned by touching vulgar thieves, and those 
whom they did touch usually terminated a career of 
great crime upon the gallows. 

Notwithstanding their occupations, they were really 
as kindly as they looked. In many a heart-rending 
scene they had, as far as their duty would allow them, 
given solace to the afflicted. And their evidence in 
court was always truthful and unexaggerated. I have 
had many a gossip with both of them, and heard some 
painful episodes of criminal life, which I may some 
time hereafter record in these volumes. I have con- 
fined myself as nearly as possible to personal expe- 
riences. 

The institution of the new police probably super- 
seded their employment. Their cheery faces are no 
more seen, probably no longer exist. I have no doubt, 
if living, they are provided for by the generosity of the 
corporation, never wanting towards those who have 
served them conscientiously. 

It is only right, whilst mentioning the celebrities 
connected with the Old Bailey, that I should allude to 
one other personage. Rarely met with upon festive 
occasions, he was, nevertheless, accustomed to pre- 
sent himself after dinner on the last day of the ses- 
sions. He was a decently dressed, quiet-looking man. 
Upon his appearance he was presented with a glass of 
wine. This he drank to the health of his patrons, and 
expressed with becoming modesty his gratitude for 



POSTSCRIPT. 99 

past favors, and his hopes for favors to come. He 
was Mr. Calcraft, the hangman. 1 



POSTSCEIPT. 

In referring to the higher officials of the corpora- 
tion, no slur can be cast upon their thorough upright- 
ness, but it is obvious that in the great metropolitan 
court they are simply ornamental, and that in the 
minor courts the business is substantially performed 
by subordinate officers without responsibility, and 
whose names are not even known to the public ; and 
although the selection of a recorder has upon many 
occasions been creditable to the Court of Aldermen, 
it is no less the result of a canvass, which cannot be 
commended, and the selection of other persons called 
upon to perform important judicial functions by a 
large body of small tradespeople. The scenes attend- 
ing the canvass, and the mode in which the result is 
usually attained, must be highly reprobated. 

1 This occurred in a past generation. 



CHAPTER IX. 

FKIENDS. 

A MONGST the friendships I formed and greatly 
■*^*- valued during the early period of my career at 
the bar, was that of Charles Edward Jerningham, 
nephew/ I believe, of the Earl of Stafford. We sat 
together briefless at the Central Criminal Court ; we 
shared a room over a butcher's shop during the assizes 
at Maidstone, and sighed in unison for the trumpets 
that announced the dinner hour to be approaching. 
He was a charming companion and an accomplished 
scholar. In consequence of his health failing, he quit- 
ted the profession and went abroad, and I never saw 
him again, although I occasionally heard from him. 
I have, however, had the pleasure of meeting his son 
Hubert, a gentleman who has distinguished himself 
in diplomacy and literature. 1 Huddleston and Jer- 
ningham were in those days my most intimate com- 
panions at the bar. 

I was, however, fortunate in possessing some very 
pleasant acquaintances out of the profession, and 
amongst them was a gentleman well known in London 
society — Mr. Dubois. He lived in Sloane Street, where 

1 He has now added M. P. to his distinctions. 
100 



MR. DUBOIS. 101 

he exercised a liberal and ungrudging hospitality to a 
large circle of friends, chiefly connected with literature 
and art. Amongst them were the brothers Smith, 
authors of the "Rejected Addresses," of whom, how- 
ever, I have no very precise recollection ; and Bar- 
ham, the charming author of that wonderful collection 
of drolleries, " The Ingoldsby Legends." This gen- 
tleman I also had the pleasure of meeting elsewhere, 
and his quiet, refined humor has often been a source 
of great delight to me. Theodore Hook — bright, im- 
provident, reckless genius — was a constant visitor, 
and with him, a little, rosy-faced individual, his 
tried friend and worshiper, Mr. Hill. This latter 
was a mystery. No one knew when he came into 
the world, and it used to be said that if really 
he had been born after a legitimate fashion, the 
records of his birth had been lost in the fire of Lon- 
don. Mr. Dubois, in addition to being a recognized 
patron of literature, performed judicial functions in a 
small debts court, in a street leading out of Holborn, 
called the Court of Requests, but his duties never 
seemed to give him anxiety or to affect his cordial good 
temper. His house formed a fair example of the hos- 
pitality of a former generation. The dinner hour, as 
far as I remember, was half-past five, when the guests 
met substantial fare and a hearty welcome, the pleas- 
ure derived from which was greatly enhanced by the 
cordiality and kindness of Mrs. Dubois and her pretty 
and accomplished daughter. But the hour when fun 
reigned supreme approached nearer to midnight. 
Then it was that I have heard Theodore Hook, who 
seemed to brighten for the occasion, sing some of his 



1Q2 THEODORE HOOK. 

most amusing songs. They were supposed to be ex- 
temporary, but his friend Hill might be detected 
furnishing a cue. 

Poor Theodore, although upon these occasions brill- 
iant, was a sad wreck when seen at other times. He 
had lived hard, which meant something in those days, 
and had seriously damaged his constitution. As is 
well known, he once filled the post of Treasurer of 
the Colony of the Mauritius, and his carelessness had 
resulted in a serious deficiency in the funds over 
which he had control, no imputation, however, be- 
yond carelessness resting upon his character. His 
answer when asked how he came to leave the island 
has been often told. "It was," he said, "through a 
complaint of the chest." He was sued by the Gov- 
ernment for the amount deficient, and thrown into the 
Queen's Bench prison ; a step which would not have 
been taken but that they were forced into it by the 
Opposition, who were furious at the attacks made 
upon Queen Caroline in the "John Bull" newspaper, 
which he edited. My friend Dubois as Duberly, and 
Hill as Hull, will be recognized in his amusing novel 
of "Gilbert Gurney"; and I am inclined to think 
that the description in that work of the scene at the 
Old Bailey and of the deaf judge will fully bear com- 
parison with the great trial of "Bardell v. Pickwick," 
immortalized by Dickens. 

I also remember Poole, the author of " Paul Pry," 
a character suggested to him, umbrella and all, by Mr. 
Hill. It used to be the pride of this latter gentle- 
man to learn everything about his neighbors. He 
could inform his associates which of their friends had 



MR. DILKE. 103 

a party and what they had for dinner. He used to 
look down the areas and watch the confectioner's man ; 
in fact he acted the role of a busybody for the amuse- 
ment of his friends, but was too much liked ever to 
have been a mischievous one. 

It was about the time of these convivial meetings 
that I became a member of the Clarence Club, called 
by its detractors the Clearance, from the fact of its 
having been founded upon the Literary Union, dis- 
solved to get rid of some objectionable members. 
There were many agreeable people belonging to it. 
Amongst others, a prominent member was Mr. Dilke, 
founder of the "Athenaeum" journal, father of the 
first baronet, who also was a member, and grand- 
father of the present statesman. Those who knew 
this gentleman well spoke of him as possessing an in- 
tellect of great capacity and power. His son, an old 
friend of mine, was a very agreeable companion. He 
was most useful in the management of the very diffi- 
cult details connected with the Exhibition of 1851, 
and his services were much appreciated by the late 
Prince Consort, himself no mean judge of the capacity 
of those with whom he had dealings, and in recogni- 
tion of them a baronetcy was conferred upon him by 
Her Majesty. 

Tom Campbell, the author of " The Pleasures of 
Hope," did not present a romantic figure ; and his 
carelessness about dress rendered his appearance much 
less agreeable than his poetry. The late Lord Justice 
James was also a member. I was not personally ac- 
quainted with him. I fancy that he always exhibited 
those marks of ability which, when he was promoted 



104 MEMBERS OF THE CLARENCE CLUB. 

to the bench, rendered him one of its greatest orna- 
ments. 

Another gentleman, a member of the club, and with 
whom I had the pleasure of being on terms of inti- 
macy, was the late Frank Stone, an artist who pos- 
sessed a great charm. There are few pictures, to my 
thinking, more pleasant to look at than those that 
came from his brush. His health was not good, and 
he died whilst in the full vigor of his mind. I need 
not mention how honorably and successfully his son 
Marcus Stone has followed in his father's steps. 

As I am professing to write experiences of my own 
life, I cannot forbear mentioning two members of the 
club who were intimate associates and friends of 
mine. Their names are not inscribed upon the tablets 
of fame, but they are worthy to be remembered. 
Captain Barberie was one of them, an Englishman 
by parentage, but being either born in India, or taken 
there very early, he presented a complexion nearly 
Eastern. He had only one leg, his other having been 
amputated at the thigh joint. He had served in India, 
and his limb was shattered at one of the sieges which 
the British had been obliged to raise, and it showed 
wonderful vitality, that, with the wounded leg dang- 
ling to his body, he bore the fearful trial of a retreat 
before it could be amputated. His face had the mark 
upon it of a fearful cut which he received from a 
native whom he had discovered embezzling stores ; 
it also bore the marks of a severe attack of the small- 
pox which he had suffered from in India. I have not 
drawn a very inviting picture of his personal appear- 
ance ; he was, nevertheless, pleasant to look upon, 



MEMBERS OF THE CLARENCE CLUB. 1Q5 

and much beloved- by his many friends. His daily 
companion and associate was a Major Henderson, also 
an Indian officer, who was wounded at the same siege. 
His wound was upon the head, and had been received 
whilst storming the fortress where his friend had his 
leg shattered. He was taken up apparently dead, but 
it turned out that the bullet had carried his handker- 
chief, which he wore under his regimental cap, into 
the wound, and with the handkerchief the bullet 
came out. He was trepanned, and although at times 
suffering great pain, lived for many years after. 

One day Barberie was missing from the club; and 
when on the next day he did not turn up, I went to 
Duke Street where he lived, and, opening the door 
of his chambers, saw him stretched upon a sofa. 
"Do not come in," he said to me, "I have got the 
small-pox." Of course I asked whether I could as- 
sist him. He said that Henderson was doing all that 
he required. Daily inquiries were made after him by 
his friends, and, to the satisfaction of all, we heard 
that the crisis was past, and he was in a sound, healthy 
sleep. Ten minutes after, he was dead. A tray of 
crockery had been dropped in the court-yard and 
startled him from his sleep. His mind wandered for 
a moment, and then passed into eternity. 

Although naturally very clever, he was a perfect 
child in the world's ways, and a designing woman hav- 
ing obtained great influence over him, his friends 
feared he would marry her. He was not upon good 
terms with his relatives, and had made a will bequeath- 
ing everything to her. One afternoon, shortly before 
his death, Henderson, myself, and he were at the club, 



106 MEMBERS OF THE CLARENCE CLUB. 

and we were laughing at him for his infatuation ; he 
got very much annoyed, left the club, and, as we heard, 
afterwards, went off to the dwelling of this person, 
and, being quite unexpected at that hour, he found 
her in company which fully justified our opinions. He 
came home, destroyed the will, and never left the 
house afterwards. His illness prevented his making 
another disposition of his property, and his relatives 
got all he left behind him. He received a pension of 
£50 per annum for the loss of his leg, and he had an 
amusing mode of appraising everything according to 
that value. He would describe, for example, a sum 
of £25 as half a leg, and in this way divided it into 
fractions with great accuracy. 

Barberie wrote a very vivid account of his calamity 
in " Bentley's Miscellany," headed "How I Lost my 
Leg." He was only thirty-five years old when he 
died, after undergoing more misfortunes than most 
people are subject to in the longest life, and suc- 
cumbed at last to the combined action of a disease he 
had previously suffered from and the carelessness of 
a stupid servant. Major Henderson survived his 
friend for some years ; but the affairs of the club not 
having been prosperous it was dissolved, the members 
were scattered, and amongst others I lost sight of this 
gentleman. 

I had the pleasure of the acquaintance of Mr. 
Bransby Cooper, the nephew of the eminent surgeon, 
Sir Astley Cooper. He was himself in the same pro- 
fession ; but early in his career had the misfortune to 
fail in an operation, which cost the patient his life. 

His mode of performing it was severely criticised 



BRANSBY COOPER. 107 

by Mr. Wakley in the " Lancet," and, although he ob- 
tained a verdict in an action he brought against that 
gentleman, the damages were scarcely sufficient to 
clear him from blame. In another respect, through 
no fault of his own, he was unfortunate. His uncle 
retired from the profession, leaving him in the occu- 
pation of his house in Spring Gardens, and securing 
for him one prosperous year ; but getting sick of leis- 
ure, Sir Astley returned suddenly from abroad, and, 
as I have heard the story, wandered to the end of the 
Chain Pier at Brighton, having half a mind to termi- 
nate the misery of idleness. Instead, however, of 
availing himself of the ocean for that purpose, he or- 
dered a post-chaise, and turned up in Spring Gardens 
as quickly as four horses could carry him, and there 
renewed his profession, which he carried on success- 
fully for many years. Bransby Cooper, after this, al- 
though possessing surgical skill and excellent judg- 
ment, never obtained any hold upon the public. He 
used often to complain to me of a soreness and irri- 
tation in his throat, which he attributed to a laceration 
caused by his having swallowed a fish-bone. He died 
suddenly whilst at the Athenaeum Club, his death be- 
ing caused by a cancer in the throat. It is probable 
that he was aw 7 are of the fact, although he affected 
to ignore it. 

Wakley was a man of mark in his time, and the ac- 
tion brought against him by Bransby Cooper gave 
him notoriety. He was himself plaintiff against the 
County Fire Office to recover the amount insured 
upon his house, which had been burned down, and the 
office raised the defense that he had himself done it. 



108 WAKLEY. 

He recovered a verdict ; but I believe the damages 
were never paid, and he took no steps to enforce them. 

He was a popular speaker, and was returned to 
Parliament for a metropolitan borough. Some one, 
alluding to a speech he had made, remarked to Sheil, 
the Irish orator, " that he would never set the Thames 
on fire." " No," said Sheil, " unless he had first in- 
sured it." He became coroner for Middlesex, and in 
that capacity held an inquest upon a body presuma- 
bly that of Mr. John Sadleir, member for Sligo, an 
Under Lord of the Treasury, and the perpetrator of 
stupendous frauds. The corpse was found upon 
Hampstead Heath, and it was alleged that death had 
resulted from suicide. There were circumstances 
about the appearance and the finding that led some 
people to doubt whether it really was the body of 
Sadleir; biit Mr. Wakley knew him well, and could 
make no mistake, and it was also identified by Mr. 
Edwin James, the Queen's Counsel; but, as far as I re- 
member, these were the only witnesses to its identity. 

Bransby Cooper was fond of narrating an anecdote 
of his uncle in connection with a murder committed 
at Rotherhithe by a man named Patch. The deceased 
had been shot; and from the position that he was in 
at the time, and the direction of the wound, Sir Ast- 
ley, then Mr., Cooper was satisfied that the shot was 
fired by a left-handed man. 

Patch assured his counsel that such was not the 
case with him; but, when called upon to plead, held 
up his left hand. It may be necessary to mention 
for the information of some of my readers, that at 
that period a prisoner pleading was always told to 
hold up his hand. He was convicted and executed 



A SWINDLING NOBLEMAN. 109 

I may here mention another acquaintance that I 
formed, if not so reputable a character as those whom 
I have had the pleasure of describing heretofore. 
This was an Italian nobleman, who came over to this 
country with good introductions, and whose manners 
and varied information were calculated to create a 
very favorable impression upon society. It turned 
out that, although his rank was unquestionable, he 
was one of a gang of forgers, and engaged in carry- 
ing out a conspiracy of a very remarkable and daring 
character. The course contemplated was to pass si- 
multaneously, in the principal cities upon the Conti- 
nent, forged letters of credit purporting to issue from 
Messrs. Glyn and other bankers in London. The 
scheme failed by a mere accident ; and the circum- 
stances connected with it were investigated and ex- 
posed with great ability by the " Times" newspaper, 
against, which journal, in consequence of its strict- 
ures, a person who was supposed to be an accom- 
plice, brought an action. It was tried at the Croy- 
don summer assizes in the year 1841, and the sub- 
stantial correctness of the articles was clearly estab- 
lished. The merchants of London subscribed for a 
testimonial to the paper to mark their sense of the 
great ability which, regardless of expense, had been 
exhibited by it in exposing the fraud. The proprie- 
tors dedicated the large sum of money subscribed to 
public purposes. 

It was said that the nobleman committed suicide, 
but no very authentic account of the circumstance, if it 
really occurred, ever reached this country. I cannot 



HO POSTSCRIPT. 

help thinking that I had some hand in assisting the 
design of the conspirators, as I was inveigled to a 
party at the Grecian Tavern in the Strand, where I 
lost what was for me a considerable sum of money, to 
the nobleman. I learned afterwards the character of 
the people whom I met, all of whom were gentlemen 
by birth and swindlers by profession. 

POSTSCRIPT. 

I remember one extemporary verse of poor Hook's 
which caused a good deal of laughter, although I do 
not quote it as possessing much merit. There was a 
well-known personage about town who was a frequent 
visitor at Dubois's. His name was Sir Burgess Ca- 
mac. He had, I believe, made a fortune in the East. 
One night, after Theodore had amused the company 
with a poetical sketch of some of the people present, 
but omitting Sir Burgess, "Have you nothing to 
say about me ?" asked that gentleman ; upon which 
Theodore, seating himself at the piano, recited — 

This is Sir Burgess Camac, 
Whose name spells the same 

Both forwards and back, 
Which is all I can say of Sir Burgess Camac. 



CHAPTER X. 

SUIT IN THE HOUSE OF LORDS. 

T T is somewhat remarkable that the first case of 
- much importance in which I was engaged was in 
the House of Lords, before a tribunal composed of 
the following noblemen : the Earl of Devon, chair- 
man, Lord Lyndhurst, Lord Campbell, the Earl of 
Radnor, the Earl of Lonsdale, Lord Sudeley, Lord 
Mountford, and others. A bill had been introduced 
to annul the marriage of a young lady, Miss Esther 
Field, contracted with a person named Samuel Brown, 
upon the grounds of coercion and fraud on his part, 
accompanied by the allegation that the marriage had 
not been consummated. The circumstances were 
very extraordinary. The lady was possessed of a large 
fortune — £1,200 per annum in land, and £40,000 in 
money. She was barely eighteen years old, whilst 
Brown was fifty-two, of humble origin, and no appar- 
ent means. However, he prevailed upon the lady to 
marry him, much, I fancy, to the disgust of a young 
gentleman, the son of an attorney, who would very 
willingly have taken his place, and probably, in the 
event of the bill having passed, would have succeeded 

111 



112 HOUSE OF LORDS. 

in doing so. There was a formidable array of coun- 
sel in support of it — Sir Fitzroy Kelly, Mr. Rolt, Sir 
John Bayley, Mr. Walford, and Mr. Austin. I was 
alone in opposition to the bill. 

Sir F. Kelly opened the case with a considerable 
amount of coloring, which was maintained by Esther 
under the examination of Mr. Rolt. In my cross- 
examination I endeavored to make her relate the facts 
in a natural manner, and to get rid of the exaggera- 
tions that had colored her examination in chief. Other 
witnesses were called, and Mr. Rolt having addressed 
the House in favor of the bill, the case was adjourned 
until the following Friday. On that day I w T as about 
to address their lordships, when the Earl of Devon 
interposed, and I copy from the " Times" of August 
11, 1848, the observations that he made : — 

" He said that their lordships did not feel it necessary 
to call upon the learned counsel to address them. He 
had in the first instance, he was free to admit, come 
down to the House with a strong bias in favor of the 
bill for annulling the marriage ; but the evidence he 
had heard, and the able cross-examination of the 
learned counsel against the bill, had created a con- 
trary opinion in his mind. In that opinion he was 
supported not only by Lord Brougham, whom, in 
common with other learned lords, members of this 
House, he had consulted, but by Lord Lyndhurst, 
who had most carefully perused the whole of the pro- 
ceedings in the Court of Chancery, and had heard the 
arguments and evidence which had been offered at 
the bar of their lordships' House, and informed him 
that there was not a sufficient case to sustain a bill 



L ORD L YNDHURST. 1 1 3 

for annulling the marriage of this young lady. From 
the Lord Chancellor he had also received a similar 
intimation. 

"Such being not only his own opinion, but that of 
his noble and learned friends, he felt it impossible for 
him to move the further progress of the bill." 

The eminent physician, Dr. Locock, had been sub- 
poenaed as a witness by the petitioner, but was not 
called. 

At the end of the first day, Lord Lyndhurst came 
up to the bar of the House, where I was standing, 
mentioned that he had known my father, and paid me 
a kind compliment upon the mode in which I had con- 
ducted the case, concluding by asking me whether I 
intended to call witnesses; and upon my replying that it 
depended upon the result of a consultation, remarked, 
with a significant smile, "I do not think you will." 

It will not be out of place here to make some re- 
marks upon cross-examination. The records of courts 
of justice from all time show that truth cannot in a 
great number of cases tried be reasonably expected. 
Even when witnesses are honest, and have no inten- 
tion to deceive, there is a natural tendency to exag- 
gerate the facts favorable to the cause for which they 
are appearing, and to ignore the opposite circum- 
stances : and the only means known to English law by 
which testimony can be sifted is cross-examination. 
By this agent, if skillfully used, falsehood ought to be 
exposed, and exaggerated statements reduced to their 
true dimensions. An unskillful use of it, on the con- 
trary, has a tendency to uphold rather than destroy. 
If the principles upon which cross-examination ought 



I 14 OR OSS-EX AMINA TION. 

to be founded are not understood and acted upon, it 
is worse than useless, and it becomes an instrument 
against its employer. The reckless asking of a num- 
ber of questions on the chance of getting at some- 
thing is too often a plan adopted by unskillful advo- 
cates, and noise is mistaken for energy. Mr. Baron 
Alderson once remarked to a counsel of this type, 
"Mr. , you seem to think that the art of cross- 
examination is to examine crossly." 

In order to attain success in this branch of advo- 
cacy, it is necessary for counsel to form in his own 
mind an opinion upon the facts of the case, and the 
character and probable motives of a witness, before 
asking a question. This, doubtless, requires experi- 
ence ; and the success of his cross-examination must 
depend upon the accuracy of the judgment he forms. 

Great discernment is needful to distinguish mate- 
rial from unimportant discrepancies, and never to dwell 
long upon immaterial matters ; but if a witness intends 
to commit perjury, it is rarely useful to press him up- 
on the salient points of the case, with which he prob- 
ably has made himself thoroughly acquainted, but to 
seek for circumstances for which he would not be 
likely to prepare himself. 

And it ought, above all things, to be remembered 
by the advocate, that when he has succeeded in mak- 
ing a point, he should leave it alone until his turn 
comes to address the jury upon it. If a dishonest 
witness has inadvertently made an admission injurious 
to himself, and, by the counsel's dwelling upon it, be- 
comes aware of the effect, he will endeavor to shuffle 
out of it, and perhaps succeed in doing so. 



CR OSS-EXAMINA TIOK \\^ 

The object of cross-examination is not to produce 
startling effects, but to elicit facts which will support 
the theory intended to be put forward. Sir William 
Follett asked the fewest questions of any counsel I 
ever knew ; and I have heard many cross-examina- 
tions from others listened to with rapture by an ad- 
miring client, each question of which has been de- 
struction to his case. 

What is called a severe cross-examination, when 
applied to a truthful witness, only makes the truth 
stand out more clearly ; and unless counsel is able to 
arrive in his own mind at a satisfactory opinion, it is 
far better to ask nothing than to flounder on with the 
chance of getting out something by a crowd of ques- 
tions. A truthful witness usually adheres to the dry 
statement of facts, and avoids diverting attention by 
introducing irrelevant matter ; and I think a remark 
I made to a jury upon one occasion is a sound one. 
It was upon a trial before Chief Justice Erie. I had 
put a question to a witness as to what he was doing 
at a particular time, this being a matter important to 
the inquiry. "I was talking to a lady," was his an- 
swer; adding, "I will tell you who she was, if you 
like. You know her very well." I made no obser- 
vation at the time, but when addressing the jury said 
that my experience led me to the conclusion that hon- 
est witnesses endeavored to keep themselves to the 
facts they came to prove, but that lying ones endeav- 
ored to distract the attention by introducing something 
irrelevant ; and I think this remark is worth consider- 
ation, and points out one of the tests of truth or false- 
hood in a person under examination. 



116 CROSS-EXAMINATION. 

Some judges upon the bench never shone in this 
branch of advocacy, and scarcely appreciate the value 
of it, and a refinement that now attends trials, and 
contrasts in many respects favorably with the coarse- 
ness of a former period, occasionally interferes with 
the force and persistence required in dealing with 
some persons in the box. 

In the equity courts, the notion of cross-examina- 
tion is ludicrous ; it has, however, the merit of being 
thoroughly inoffensive. 

I have heard two or three specimens of it. In 
these cases the witnesses had filed affidavits which 
the adverse counsel examined from, and made them 
repeat orally what they had already sworn to, as if 
the object of the process was to obtain from the 
mouth of the witness in court what had already been 
put upon paper in the solicitor's office. 

An experienced equity judge once said to me in re- 
lation to a question I had asked, " Really, this is a 
long way from the point." "I am aware of that, my 
lord," was my answer. "If I were to begin any 
nearer, the witness would discover my object." 

It is impossible to overestimate the acuteness and 
argumentative powers of the judges and practitioners 
in the equity courts, but I am confident that they 
would find great assistance if the examination of wit- 
nesses were less of a sham. 

Embarrassment exhibited under a searching cross- 
examination is not to be relied on as a proof of false- 
hood ; the novelty of the position or constitutional 
nervousness may frequently occasion it. 

I remember a remarkable instance of this in a trial 



ROBBERY OF THE OXFORD COACH. \\>] 

in which I was engaged to defend a prisoner. It was 
a curious case. Messrs. Coutts, the bankers, were 
in the habit at certain periods of remitting specie to 
a bank at Oxford by a coach that went to that city. 
The money was contained in a box, and placed under 
the charge of the coachman. Upon a particular day, 
when the supposed box arrived at its destination, it 
was found to contain rubbish, the real one having been 
subtracted. It was proved that my client, who was 
a passenger, had got down before the end of the 
journey, with no apparent excuse, and did not take 
his seat again. Beyond this, however, there was lit- 
tle to sustain the charge against him. The coachman 
naturally was a principal witness, but became so em- 
barrassed, and answered questions in so shuffling a 
manner, although with perfect truth, that both judge 
and jury believed that he was an accomplice in the 
robbery, and in this opinion I confess I shared. 

My client was acquitted, but shortly afterwards was 
tried and convicted of another offense. I took the 
opportunity (I think through the medium of the chap- 
lain) to ask how the Oxford robbery had been effected, 
and learned that the coachman had, against orders, 
gone into a public house to get a glass of ale, and it 
was during his absence that the prisoner contrived to 
convey the dummy to an accomplice in front, receiv- 
ing from him the genuine box, with which he de- 
camped. 

I have myself succeeded, by cross-examination in 
cases where claims were made for injuries received 
in railway accidents, in showing that the claimant had 
not even been present at the time of the occurrence ; 



118 A GROSS FRAUD. 

and I may mention that, in a case tried this very 
year before the Lord Chief Justice, I assisted in ex 
posing a very gross fraud of this nature attempted by 
a medical man. No witnesses were called by the 
company which I represented, and upon my cross-ex- 
amination, supplemented by some very important 
questions by the judge, the jury, upon the plaintiff's 
evidence alone, found a verdict for the defendants, 
and I believe the plaintiff had not been near the place 
when the accident occurred. 

Cross-examination has recently become more im- 
portant than ever in sifting the evidence of profes- 
sional witnesses in cases where injuries have been 
sustained from the above class of accidents, and in 
which the most eminent professional men occasion- 
ally fall into grave errors, and I feel obliged to add 
that some in the lower walks of the profession make 
the manufacture of these cases a not unprofitable 
trade. One of these worthies admitted in a recent trial 
that he might have been engaged in a hundred of them. 

A remark was recently made by the Lord Chief 
Justice which accords most thoroughly with my ex- 
perience, that perjury is greatly on the increase, and 
although, when detected, severe punishments may 
help to check it, it must be remembered that cross- 
examination is the only means by which it can be 
exposed. 

I cannot forbear relating an anecdote in connection 
with one of the most amiable and excellent of judges, 
the late Lord Hatherley, when hewasVice-Chancellor. 
I was counsel before him, and had to cross-examine 
a very plausible, but certainly not truthful, witness 



MR. LUMLETS GARDEN PARTIES. H9 

I did so with some severity, and I imagine that I 
should have been successful before a jury. 

His lordship, however, was of a different opinion, 
and was much struck with the ingenuousness of the 
young man, and he evidently thought that he had 
been exposed to a cruel ordeal. As the witness him- 
self was going out of the court, he was heard to 
whisper to a friend, "Why, the old gent believed 
every word I swore." x 

I was very well acquainted with Mr. Rolt, the sec- 
ond counsel in the case with an account of which I 
commenced this chapter. I visited at his house, and 
met him frequently at the Grarrick Club, and at the 
houses of mutual friends. He was a most distinguish- 
ed member of the Chancery bar, and became Lord 
Justice. He planted the seeds of a premature death 
by giving himself too little relaxation from intensely 
hard work. I have seen him come into the club of 
an evening looking worn and exhausted, swallow a 
hasty dinner, and rush off to further labor. He earned 
a high reputation, but paid a heavy price for it. Very 
different in appearance and habits was another of the 
counsel, Sir John Bayley, son of the eminent Baron 
of the Exchequer. He was jovial, and kindly, and, 
although esteemed a good lawyer, was more known 
for his social than his legal eminence ; mainly through 
his support and assistance, I became a member of the 
Union Club, and through his kindness also I enjoyed 
some of the most charming of gatherings at the 
grounds of Mr. Lumley, situated on the banks of the 
Thames, near Hammersmith Bridge. He was at that 

'The term applied to his lordship was not of so refined a description. 



120 MR - DEL AFIELD. 

time the lessee of Her Majesty's Theatre. The site 
of his villa is now occupied by wharves. There, in the 
midst of a most brilliant scene, were on these occa- 
sions assembled distinguished guests of different ranks, 
who were delighted to meet all that was bright and 
beautiful in the theatrical and operatic world. At 
one of these fetes, I remember two ex-Chancellors en- 
joying the conversation of that most fascinating of dan- 
seuses, Mademoiselle Duvernay. No doubt, as Lord 
Campbell said of himself when he was met at Cre- 
morne Gardens, they considered it their duty to study 
the habits of all classes of the community. The period 
when this occurred renders it unnecessary for me to 
say that they were not Lord Selborne, Lord Cairns, 
or Lord Hatherley. 

Mr. Delafield, who had been a member of the great 
brewing firm of Combe, Delafield and Company, took 
to the less profitable venture of the Covent Garden 
Opera House, and he also gave charming parties of 
a similar character at a pretty villa on the Fulham side 
of Putney Bridge. The large fortune with which he 
retired from the brewery was soon engulfed in the 
expenses of his operatic venture. And when, in after 
years, I met him, as I did not unfrequently, he was 
living at Brussels for the sake of economy, but seemed 
to bear the loss of his fortune with philosophy and 
cheerfulness. 

Sir Fitzroy Kelly and Mr. Austin were both men 
of mark, but I shall postpone any observations about 
them to a future chapter. 

I trust that I shall not be thought guilty of unjus- 
tifiable vanity in recording the circumstances of the 



POSTSCRIPT. 121 

case commencing this chapter, and quoting the obser- 
vations of Lord Devon. I hope also that in the com- 
ments that I have made upon the mode of dealing 
with witnesses it will not be considered that I arro- 
gate to myself any superior knowledge. At the same 
time it is possible that a record of the experience I 
have obtained in a long career may not be without 
its use to some of my younger professional friends. 

POSTSCRIPT. 

Iisr reviewing the above chapter, I cannot but feel 
that it is more appropriate to readers of my own pro- 
fession than to the general body of the public, and, 
looking at it in that view, it is apparent that it is 
very imperfect. It passes over an element quite as 
important as cross-examination, namely, examina- 
tion-in-chief, which I would venture to define as the 
art of making a witness tell his story naturally and 
in the manner most calculated to affect the minds of 
the hearers favorably ; and in cases where facts are 
complicated and witnesses either unwilling or unin- 
telligent, a case is not unfrequently put in peril by 
an inexperienced advocate having the duty cast upon 
him. Instructions constantly contain much matter 
that it is unnecessary and imprudent to introduce. 
I can only lay down one rule that may be of service, 
and which I venture to commend to my young friends 
at the bar. Make yourself thoroughly acquainted 
with the story that each witness has to tell, and with- 
out following the proofs in the brief; make him tell 
it in the way that if you were asking questions for 



122 POSTSCRIPT. 

your own information you would adopt, having made 
notes of the signal points and important dates. 

For other purposes trust to your own memory, and 
mind skill in examination as well as cross-examina- 
tion does not come from intuition ; and I have fre- 
quently felt it was my duty to my client, and cer- 
tainly intended no disrespect to my junior, to take a 
witness that in order would be appropriated to him 
into my own hands. 



f 



CHAPTER XL 

FAMOUS AUTHORS. 

TNDER the colonnade of Covent Garden there 
^ existed a cluster of taverns : Evans's, the Gor- 
don, New and Old Hnmmums, the Tavistock, the Pi- 
azza, and the Bedford. The two last had been the 
resort of noblemen and people of rank and distinction 
in society, who dined there at hours that would now 
be considered early, and consumed a considerable 
quantity of port wine. So I have heard and read. 
When I knew the houses themselves their glory had 
waned, although the Piazza still carried its head some- 
what higher than its neighbors. In a large room in 
this tavern was held a nightly meeting called the 
Shakespeare Club. Its name suggests its character, 
and that of the majority of its members. Here it was 
that for the first time I met Thackeray. His appear- 
ance has often been described, and, although he was 
then unknown to me, it at once commanded my at- 
tention, tall above the ordinary height, and propor- 
tionately broad. His face had been disfigured by a 
blow received in boyhood, and in repose would have 
been called plain. Although characterized by great 

123 



124 THACKERAY. 

solidity, it was only when he lifted his eyes that it 
became illumined, and the observer felt that it was 
one of rare intelligence. When I met him upon this 
occasion, I was not aware that he was the author of 
the papers published in "Fraser's Magazine" entitled 
the Yellowplush Correspondence, which, in its anon- 
ymous form, I had read with intense amusement, nor 
have I found reason upon reperusal to alter my judg- 
ment. I am not, however, a great worshiper of his 
more elaborate works, although I do not presume to 
dispute the great power, thought, and knowledge that 
they exhibit. They present an unpleasant, and I do 
not think entirely correct, view of human nature. I 
believe it is better than he paints it. Thackeray ap- 
pears almost to divide it into knaves and fools. My 
experience — and much of it lias been gained amongst 
what would be deemed the outcasts of society — is 
that in every class there is much that is good and es- 
timable ; but even assuming his views to be correct, 
and that his novels are skillful and accurate analyses 
of human nature, the scenes they exhibit sometimes 
pain, and do not always amuse, me. Colonel New- 
come, the very pattern of amiability, presents an un- 
pleasant picture whilst victimized by an Asiatic swin- 
dler, whom the reader sees through from the outset. 
Doubtless the Colonel's resignation in adversity is 
very noble, and affords an excellent example, but can 
hardly be called a pleasant picture. 

I follow the career of Becky Sharpe with mingled 
compassion and disgust. I cannot imagine anything 
more repulsive than her betrayal of her husband. And 
I am not sure that the virtuous indignation of Colonel 



THA CKERA Y. \ 25 

Crawley is quite consistent with his character as pre- 
viously described. I do not forget "Pendennis," and 
the old Major — a perfect sketch ; and I am almost 
wonderstruck at the learning and research exhibited 
in "Esmond," but when I read a novel I want a hero 
who does not give me lessons, and I do not care for 
the anatomy of human nature, however skillfully it 
may be laid bare. 

I am willing to admit and regret my heterodox 
opinions and own myself to be whatever the great 
mass of Thackeray's admirers may choose to call me, 
but they are my opinions, and I do not wish to make 
capital by borrowing those of other people. 

Although not amongst his intimate friends, I met 
him frequently. We were members together of the 
Garrick Club, and I often saw him elsewhere. 

I never thought him an agreeable companion. He 
was very egotistical, greedy of flattery, and sensitive 
of criticism to a ridiculous extent. He may have pos- 
sessed great powers of conversation, but did not ex- 
hibit them upon the occasions when I had an oppor- 
tunity of judging. 

He did not hesitate to introduce his associates and 
the members of his club into his novels, and one of 
these latter, a curious compound of drollery and sim- 
plicity, named Archdeckne, 1 figures in " Pendennis" 
under the name of Foker ; and on one occasion I 
think that Albert Smith had great reason to complain 
of his proceedings. 

This gentleman and a poor fellow now dead, Joe 
Robbins, had been associates and friends ; the latter, 

1 I am told that this gentleman was by no means offended by the celebrity 
he obtained through figuring in Thackeray's novel. 



126 THA GKERA T. 

who originally had been in a lucrative business, quit- 
ted it for the stage and got into a very sad plight. I 
know that Albert Smith had been most considerate 
and kind to him, but had on one occasion refused to 
join in some subscription that had been set on foot on 
his behalf. Thackeray circulated throughout the club 
a caricature, in which the likenesses were unmistak- 
able. Robbins was represented wounded by thieves 
and being assisted by some good Samaritan, also por- 
trayed, whilst Albert Smith, the Pharisee of the par- 
able, was passing scornfully upon the other side. 
There was another member of the club who had in- 
judiciously published some remarks about him, for 
which he pursued him with but little consideration 
or mercy. And I cannot forbear expressing my sor- 
row that a man so really great .should have descended 
to most unworthy sneers at another equally great man 
and brother author, Sir Edward Lytton Bulwer, as 
he did on several occasions. 

The last time I saw him was about three weeks 
before his death. He was sitting alone at a table at 
Evans's, poring over an obscure Irish journal in which 
some derogatory remarks about himself were pub- 
lished. He attributed them to an individual whom 
I need not name, and was intensely angry, which I 
confess I thought at the time was eminently absurd. 
His description, however, of the Irish in many of his 
works was not calculated to make him popular in that 
country. Having ventured to make these strictures, 
founded upon my observation and judgment, of a 
man who has established a great mark on the litera- 
ture of his age, I ought to mention a fact which was 



CHARLES DICKENS. J27 

within my knowledge, that he suffered from a most 
painful and irritating disease, and also that among 
those who knew him well, and to whom he extended 
his confidence and friendship, he was most enthusi- 
astically beloved. 

I remember one other member of the Shakespeare 
Club, John Forster, the biographer of Dickens. His 
temper was not a very comfortable one to deal with, 
and I fancy was mainly instrumental in breaking the 
club up. 

At the house of some very agreeable people named 
Levien, living in Woburn Place, I first had the pleas- 
ure of meeting Charles Dickens, and also his sister, 
a young lady of great talents and accomplishments, 
who unfortunately died when still quite young. Dick- 
ens had already won his spurs under the sobriquet of 
Boz. He and Thackeray happened to be contempo- 
raries, otherwise there was no similarity between 
them, either in their writings or their character. 

The works of both of them, published as they 
were periodically, were eagerly looked forward to. 
Their styles were very different: it may be said that 
Thackeray invited thought and reflection, whilst Dick- 
ens, although by no means losing sight of the true de- 
lineation of human nature, showed that his main ob- 
ject was to amuse. How great a genius it must have 
been that immortalized Pickwick ! 

-What other man could have enshrined such a mass 
of absurdities in the minds of the public by genuine 
fun and shrewd knowledge of human nature ? Bar- 
dell against Pickwick is a burlesque, and yet there is 
nothing impossible in a deaf judge or an inflated ad- 



128 CHARLES DICKENS. 

dress by counsel, and a speculative firm of attorneys 
may be found even during the present days of purity. 
My dear old friend Toole still creates roars of laugh- 
ter while personating Serjeant Buzfuz, in a wig and 
gown with which I presented him for the purpose. 
Mr. Pickwick becomes almost a hero when he goes 
to prison upon principle. Many of Dickens's novels 
had higher ends, which they have fully attained, and 
some of the characters are drawn with a force of de- 
scription and knowledge certainly not surpassed by 
any writer of any age. 

Imagine yourself in the parlor of a country inn on 
a wet day. How the misery you are looking forward 
to is changed into content by the discovery of one of 
his novels ! They amuse man, woman, and child alike, 
and they furnish good thoughts and kindly feelings to- 
wards their fellow-creatures. I was very much at- 
tached to Charles Dickens; there was a brightness and 
geniality about him that greatly fascinated his com 
panions. His laugh was so cheery, and he seemed 
so thoroughly to enter into the feelings of those around 
him. He told a story well and never prosily; he was 
a capital listener, and in conversation was not in the 
slightest degree dictatorial. 

He, like Thackeray, was very sensitive, and I re- 
member a period when his conduct had been so mis- 
interpreted that he suffered agonies. No man pos- 
sessed more sincere friends or deserved them better. 
He was the best after-dinner speaker I ever heard, 
and I cannot forbear recording a trifling incident that 
occurred the last time I met him, and shortly before 
his death. We were both dining at Mr. Cartwright's, 



MR. SERJEANT TALFOURD. 129 

in Old Burlington Street ; I was sitting nearly oppo- 
site to him, and referred to a speech that he had made 
at the previous Royal Academy dinner in terms of 
praise certainly not exaggerated. He replied, " Praise 
from Sir Hubert ! " I and Mr. Spicer, a friend of his 
and mine, had put him up at the Union Club, and, to 
our great grief, the news of bis death reached us upon 
the day on which he would have been elected. 

A mutual friend, and one equally dear to us both, 
was Mr. Serjeant, afterwards Mr. Justice, Talfourd, 
lawyer, orator, and poet. Those who knew him will 
never forget his kindly, genial face, the happiness ra- 
diating from it when imparting pleasure to others, and 
his generous hospitality extended in no niggard spirit. 

He occupied a large house in Russell Square, and 
the gatherings that frequently took place in it included 
not only those who had obtained eminence in their 
profession, but the young who were striving to do so. 
Science and literature were represented by their most 
distinguished members. Painters, poets, historians, 
and actors mingled together and enjoyed themselves, 
Talfourd moving about and welcoming his miscella- 
neous company with cordial smiles and greetings. I 
remember poor Frank, his eldest son, and whose youth 
showed much promise (terminated, unhappily, by pre- 
mature death), bending over the chair of a pretty and 
popular actress with looks and words of devotion, and 
it will be no improper breach of confidence to say 
that she refused his hand lest at his early age she 
might injure his prospects. He was an amusing writer, 
and initiated the modern school of burlesque, and it 
is no reflection upon the clever authors of the present 
9 



130 MR - SERJEANT TALFOURD. 

day to say that his works would bear comparison with 
any of them. 

Macready, always the actor, was happy to be the 
guest of the author of " Ion," one of his best parts. 
And there also he could converse with Sir Edward 
Lytton Bulwer, whose plays of " The Lady of Lyons " 
and " Richelieu " had furnished him with brilliant ma- 
terials for the display of his talents. The author of 
" The Hunchback " was no unworthy or unconsidered 
guest. Huddleston also, who had been early appre- 
ciated by his host, who never lost the opportunity of 
giving beginners a lifting hand, was a frequent and 
favored visitor. 1 

And Albert Smith, full of life and jollity, but who 
had not then climbed his mountain, seemed none the 
less happy because he had not yet obtained fame. 
How many others I might mention, and, alas ! how 
many, with Talfourd himself have left the earthly stage ! 
I need not say that it was not only in social and lit- 
erary life that Talfourd distinguished himself. In the 
House of Commons he was much respected, and his 
successful efforts in carrying the Copyright Bill con- 
ferred a real boon upon his brother authors. He at- 
tained one of the objects of his ambition by a seat 
upon the bench, and, as is well known, died suddenly 
whilst in the performance of his duties at Stafford as- 
sizes. 

In the slight sketch I have ventured to offer to my 
readers I must not forget to mention the great aid he 
received from the loving, true, and cordial co-opera- 
tion of Lady Talfourd, who, with her most charming 

1 Mr. Huddleston went the same circuit as Mr. Serjeant Talfourd. 



NORTON AND LORD MELBOURNE. \^\ 

daughters and niece, assisted with heartfelt cordiality 
in diffusing happiness throughout the assembly. 

When at the bar, Mr. Serjeant Talfourd was coun- 
sel, in conjunction with Campbell and Thesiger, for 
Lord Melbourne in the action brought against him by 
Mr. Norton for criminal conversation. In his Diary 
lately published, Lord Campbell does not mention the 
names of either of these gentlemen. Serjeant Tal- 
fourd was, as I know, retained at the express desire 
of Mrs. Norton, and he always entertained ah un- 
doubting conviction of her innocence. I was greatly 
interested in the case, not only from its public char- 
acter, but from the fact of being acquainted with both 
Mr. and Mrs. Norton, the former being a brother mag- 
istrate of my father. I had myself met the lady upon 
one or two occasions. She was probably one of the 
most beautiful women of her age, and extremely clever 
and accomplished. There is no doubt that a great in- 
timacy existed between her and Lord Melbourne, but 
he was quite old enough to be her father, and was pos- 
sessed of great power of conversation, and I see no 
need whatever to assume impropriety, and certainly 
none was proved by credible testimony. I have re- 
cently read through the evidence very carefully, and 
if I had been counsel for the defendant, I should not 
have entertained any doubt of a successful result; in- 
deed, I cannot understand how her husband could 
have been so ill-advised as to bring the action. Not- 
withstanding the ability of Sir William Follett, the jury 
gave a verdict for the defendant without the slightest 
hesitation. The case was tried in the Court of Com- 
mon Pleas, before Sir Nicholas Tindal, a most pains- 



132 POSTSCRIPT. 

taking judge. Mrs. Norton herself felt very acutely 
the indignity she had been subjected to, but society 
entirely absolved her — a conclusion that I have heard 
was fully indorsed by Her Majesty, whose opinion must 
have been a source of great comfort and satisfaction 
to her in after life. 

However innocent Lord Melbourne may have been, 
Sir John Campbell was not justified in stating " that 
his client solemnly and upon his honor declared his 
innocence." Most clients would do the same if they 
could find counsel who would lend themselves to re- 
peating the assertion. Sir John was at this time the 
leader of the bar, and this extremely unprofessional 
proceeding was not a good example to his juniors. 
He certainly told the jury in the same breath that 
they ought not to be influenced by it. But Sir John 
was not a man to waste his words. 1 

In the course of my subsequent career I was fre- 
quently engaged in cases before Mr. Norton. He 
was an extremely pleasant, gentlemanly man, and a 
good magistrate. 

POSTSCRIPT. 

I have been subject to some but not unkind 
criticisms for my description of Thackeray. They 
were genuine, and certainly not conceived in an 

i The following are the words of the Attorney-General, copied from the 
report of the trial in the Times newspaper, dated June 23, 1836 : "I think 
it right, in the name of Lord Melbourne, to declare, as he has instructed 
me to do in the most clear, emphatic, and solemn manner, that he never had 
any criminal intercourse with Mrs. Norton, nor had he done anything in the 
slightest degree to abuse the confidence of Mr. Norton. The jury were not 
to be swayed by this declaration." 



POSTSCRIPT. -jog 

unkindly spirit. It is with pleasure I mention a 
conversation I had since my volume appeared with 
Sir Henry Thompson, the eminent surgeon, who 
told me that he had seen very much of him, and 
had never met a man more kind-hearted, more 
ready to listen to a tale of sorrow or want, or pos- 
sessing more extended benevolence. 



CHAPTER XIL 

LORD LYNDHUEST. 

T ORD LYNDHURST, when I saw him upon 
*~-^ the occasion I have related in a former chapter, 
was of advanced age, but possessed a singularly noble 
and prepossessing appearance. The intellect stamped 
upon his features was accompanied by an expression 
of kindliness, his voice was musical, his manner refined 
and courteous. 

His Life has been written by Lord Campbell, and 
fully justified what he himself said when he heard 
that it was contemplated, that the prospect added an- 
other pang to death. 1 Although born at Massachu- 
setts, it was whilst it was a loyal colony, and he was 
consequently a British citizen. Llis father, an artist, 
painted several pictures that obtained great reputation, 
amongst others one now in the National Gallery, the 
subject being the Death of Lord Chatham. I am not 
aware whether it is considered a great work by con- 

i I quote the following passage from a criticism upon Lord Campbell's 
Lives of Lyndhurst and Brougham that appeared in the Times newspaper 
of April 3, 1869 : "All through the Lives we see Lord Campbell running 
a literary muck, striking right and left with so sublime an impartiality that 
scarcely a man he jostles in the crowd of public characters he threads, escapes 
unharmed." 

134 



LORD LYNDHURST. 135 

noisseurs. I do not myself like the treatment of the 
subject. According to all his contemporaries, Lord 
Lyndhurst, whilst at the bar, was a most brilliant and 
successful advocate. His powers were tested in a case 
in which, with Sir Charles Wetherall, he was retained 
for the defense of a certain Dr. Watson, charged with 
high treason. Upon reading the evidence, it is diffi- 
cult to avoid wondering that instead of indicting him 
for the capital offense, the officers of the Crown had 
not proceeded against him for sedition. Lord Lynd- 
hurst was at that time Mr. Serjeant Copley, and it fell 
to his lot to sum up the facts in favor of the accused, 
a duty which he performed with admirable skill and 
judgment. I do not myself think that even with infe- 
rior advocacy the conviction would have been warrant- 
ed, although, in such cases, much depends upon the 
prepossessions of the jury, and it was doubtless from 
this knowledge that Mr. Serjeant Copley wound up his 
address with an elaborate but most eloquent and pow- 
erful appeal to them, entreating them to dismiss all 
prejudice from their minds, and be governed solely by 
a fair construction of the evidence. Lord Castlereagh, 
a most influential member of the Government, was 
upon the bench during the trial, and was greatly struck 
by the ability displayed by the counsel, and through 
his lordship's influence a seat in Parliament was ob- 
tained for him, and subsequently he was made Solici- 
tor-General. The Government under which he ac- 
cepted the post was a Tory one, and Mr. Serjeant 
Copley had always professed strong Liberal opinions. 
He had not, however, taken any part in politics, nor 
did he betray any confidence or trust. And whatever 



136 LORD LYNDHURST. 

may have been the views of the party he joined, his 
performance of the duties of his office was consistent 
with the liberal sentiments that he had previously ex- 
pressed. 

My earliest recollection of him was when he was 
holding the office of Chief Baron of the Exchequer, 
and it was in that capacity that he pronounced judg- 
ment in the celebrated case of Small v. Attwood. 
This case involved many complicated facts, and the 
question was as to the falsity or truth of certain rep- 
resentations in relation to the qualities of a mine ; 
and although his decision was reversed in the House 
of Lords, it was admitted at the time to be a model 
of clearness, and I believe now that the conclusion 
he arrived at is considered to be sound law. 

He did not hold the place of common-law judge 
for long, but during that time gave satisfaction to the 
public and the bar, to which latter he was kind and 
considerate. The tendency .of his mind was always 
to the side of mercy. He aided and encouraged an 
inexperienced advocate, and was careful that a client 
should not suffer through any deficiencies of counsel. 
It is told of him that when he became Chancellor, 
and upon one occasion was describing the principles 
upon which he selected a judge, he said, "I look out 
for a gentleman, and if he knows a little law so much 
the better." Sir William Bolland, who I believe was 
the first one he made, certainly fulfilled the former 
condition. With Lord Lyndhurst's subsequent career 
history has dealt, and with it I had no acquaintance, 
except occasionally having listened to some of his 
brilliant displays in the House of Lords when in op- 
position to a Liberal ministry. 



SIR CHARLES WETHER ALL. 137 

Sir Charles Wetherall, although engaged against 
the Government in the case of Dr. Watson, was one 
of the last specimens of a thorough Tory of the old- 
est school. He was a very learned man, and much 
respected for his conscientious adherence to opinions 
that were getting much out of fashion ; but whilst 
strait-laced in his principles, his ideas of dress were 
much the reverse, in fact, he was one of the greatest 
slovens that ever walked, and it was a wonder when 
he did walk how his clothes and his body contrived 
to keep together. He was Recorder of Bristol, where 
his High Church and State views had not rendered 
him particularly popular, and a story is told that dur- 
ing the Bristol riots he made his escape from the fury 
of the mob in the disguise of a clean shirt and a pair 
of braces. 

Reverting to the case before the House of Lords, 
I ought not to pass over, without a few words, the 
name of Charles Austin. He was a distinguished 
lawyer and scholar, but latterly confined himself to 
parliamentary business, in which he attained immense 
success, and realized a large fortune. He did not add 
to the character of the profession by accepting nu- 
merous cases which he well knew he could not attend 
to. Doubtless they were delivered by solicitors who 
were aware of the risk they ran, and preferred tak- 
ing it to the chance of his being retained against 
them. I cannot, however, think the practice was 
honorable or one that could be justified on any grounds 
whatever. Mr. Austin himself retired early from the 
profession, and, marrying the accomplished step- 
daughter of Charles Dance, the author of many 



1 38 SIR FITZR Y KELL Y 

comediettas, in the performance of which Madame 
Vestris, Liston, Mathews, Mrs. Orger, and others de- 
lighted the public, retired into Norfolk, his native 
county, took to rural pursuits, and became Chairman 
of Quarter Sessions, in which capacity he gave great 
dissatisfaction to the county gentry by not properly 
appreciating the enormity of poaching. 

With Sir Fitzroy Kelly I early formed an acquaint- 
ance, and was upon intimate terms with him down 
to his death. He was a skilled lawyer, and most in- 
dustrious, and, although not a brilliant speaker, earn- 
est, forcible, and logical, and in cases involving tech- 
nicalities and complicated details I never knew any 
one his superior ; nothing ever disconcerted him or 
turned him from his point. 

One of the best instances I can recall of his advo- 
cacy was when he was counsel for the London Docks 
in an information laid against that company by the 
Crown. I was with Sir A. Cockburn, then Attorney- 
General, for the prosecution. Nothing could be heav- 
ier than the subject, or more masterly than the way 
with which Kelly dealt with it. He was listened to 
by court and jury with rapt attention, and the reply 
of the Attorney-General showed how much he felt 
the overwhelming power of his opponent. There 
was another case in which I remember him, and in 
which a defendant had great reason to be grateful for 
his advocacy. 

This was a charge against a city merchant of 
wealth and position named Zulueta, who was tried at 
the Old Bailey for trafficking in slaves, the only in- 
stance I fancy in which such an offense has been 



SIR FITZR T KELL Y. ^ 39 

charged against an English citizen. The facts proved 
against him were very formidable, and the view taken 
by Mr. Justice Maule, the judge who tried him, was 
unfavorable. The jury debated for a considerable 
time, but ultimately returned a verdict of not guilty 
Kelly was very ambitious, and his election for Ips- 
wich was on one occasion followed by a petition which 
was attended by a painful incident. I knew some- 
thing of the circumstances. There had been a great 
deal of bribery, and a person named Pilgrim had 
been the principal agent of Kelly's party. He had 
been got out of the way, of which fact Kelly must 
have been aware. Charles Phillipps had undertaken 
to conduct the case for him, but, tempted by a fee 
elsewhere, had deserted it and left him to manage it 
himself; whilst doing this he was most improperly 
asked by a member of the committee if he knew any- 
thing about Pilgrim, and he answered that he did not. 
If his counsel had been asked such a question, he 
could, with truth, have answered in a similar manner. 
Kelly ought to have declined to answer at all, but of 
course the inference then would have been conclusive 
against him. But no sophistry can justify what he 
did. It is well known that Sir Walter Scott con- 
stantly denied that he was the author of " Waverley," 
justifying himself by saying that when impertinent 
questions were put to him he had a moral right to do 
so ; but in all these cases it is the motive that colors 
the act. There is, however, no doubt that the ques- 
tion put upon this occasion was perfectly unjustifiable. 
Sir Fitzroy was subsequently much persecuted by a 
Mr. Wason, who had been his opponent upon the 



140 MARGARET WATERS. 

above occasion, but who failed in his efforts to do him 
any substantial injury. 

Sir Fitzroy became Chief Baron upon the resigna- 
tion of Sir Frederick Pollock. He was a most pains- 
taking and conscientious judge, but latterly became 
tedious, and doubtlessly interfered with the progress 
of business. He died at an advanced age, and up to a 
few days before his death, when I saw him, was in 
full possession of his faculties, and exhibited the 
greatest cheerfulness. 

Kelly presided at the Central Criminal Court upon 
the trial of a woman named Margaret Waters, charged 
with murder. The case was known as the baby-farm- 
ing case, and the accused was found guilty. I pros- 
ecuted upon the part of the Crown, and although the 
details were very shocking, and the conviction per- 
fectly proper, I should have been glad if the jury had 
given a more favorable verdict, and I did what I could 
to obtain a commutation of the sentence of death ; 
but Sir Fitzroy, although he had been a strenuous 
advocate for abolishing the punishment of death, would 
not interfere on this occasion, and the woman was ex- 
ecuted. 

There is no doubt, however, that a severe example 
was required, as the system pursued was horrible in 
the extreme. 

Sir Fitzroy Kelly's appearance was very striking : 
he had a finely chiseled face and regular features, with 
an intelligent forehead and lively bright eyes; his man- 
ner was somewhat artificial, and his demeanor, always 
courteous, was of the old school. He was very hos- 
pitable, and also went out a great deal into society, 



MR. JUSTICE JAMES ALAN PARK. \^1 

where his pleasant manners and varied information 
made him always welcome ; by his death I lost a most 
kind and valued friend. 

I ought, I think, before concluding this sketch, to 
mention a trial in which he was engaged whilst at the 
bar, and which entailed upon him, I think unjustly, a 
good deal of ridicule. This was the case of Tawell, 
a Quaker of eminent outward respectability, who, to 
maintain it, had poisoned a woman with whom he was 
connected, under circumstances of singular atrocity. 1 

The poison indicated was prussic acid, and Sir 
Fitzroy accepted the suggestion of Dr. Letheby, the 
scientific chemist, that the odor discovered from the 
stomach of the deceased might have been caused by 
her eating, apple-pips. The folly of the suggestion 
was due to Dr. Letheby, but I cannot approve of the 
judgment of the counsel in accepting it. I shall have 
something to say hereafter of the opinions in such 
matters of professional witnesses ; for the present I 
will only observe that, whilst listened to with respect 
they ought to be adopted with great caution. 

After I had been called some few years to the bar, 
I was engaged in a case of some importance, but of 
no interest to the public, and I only refer to it for the 
purpose of introducing the name of Mr. Justice James 
Alan Park, who presided upon that occasion, for the 
last time before his death. He is not unworthy of be- 
ing remembered as a lawyer of the old school, with 
prejudices of the oldest. I am not sure whether he wore 
a pig-tail ; he ought to have if he did not. He was sin- 

1 Since these volumes were published, I have been informed that Tawell, 
although professing to be a Quaker, had never been received into the body. 



142 ANECDOTE OF MIDLAND CIRCUIT. 

gularly like His Majesty, George the Third, a fact of 
which he was proud. He was called "St. James's 
Park," to distinguish him from the judge of the same 
name who was called "Green Park." He was well 
versed in the more abstruse branches of the profession, 
and was generally respected by the public and the bar. 
In his latter days he had acquired a habit of thinking 
aloud, which led on one occasion to a rather amusing 
incident. Whilst trying an old woman upon a charge 
of stealing faggots, he unconsciously ejaculated, 
" Why, one faggot is as like another faggot as one 
egg is like another egg" The counsel defending the 
case heard the observation and repeated it to the 
jury. " Stop," said Sir James — " stop ; it is an in- 
tervention of Providence. This was the very thought 
that passed through my mind. Gentlemen" (address- 
ing the jury), " acquit the prisoner." 

I cannot resist telling a story, although it does not 
say much for the decorum of the old Midland Circuit, 
or of the eminent lawyers who practiced upon it in 
those days. Serjeants were then an institution, and 
the old Midland boasted of many most learned and 
eminent ones ; Goulburn, Clark, Vaughan, Adams, 
Hayes, are no mean names, and were all of this rank ; 
but those were times when even Serjeants were not 
always distinguished for sobriety, and it so happened 
that upon one particular evening much conviviality 
had been indulged in, the merry party being congre- 
gated at an hotel where the judge, Sir James Alan 
Park, was staying. One of the body had escaped 
early, and was supposed to have gone to bed, contrary 
to all circuit rules ; it was determined to seek him, 



POSTSCRIPT. 143 

and the whole party, with as much steadiness as they 
could preserve, entered what they supposed to be his 
bedroom, and jerked the clothes off the bed of its 
sleeping occupant. Imagine their horror when they 
were confronted with the venerable countenance of 
the judge. 

Their disappearance was quickly made, and grave 
deliberations were entered into as to what was to be 
done, and it was determined that Serjeant Goulburn, 
a great favorite and friend of his lordship, should ex- 
plain and apologize. Accordingly next morning, with 
no small trepidation, he proceeded to do so, stating 
whom it was intended to have awakened. "No, no," 
said Sir James, shaking his head, "brother Goulburn, 
it was no mistake, for I heard my brother Adams say, 
' Let us unearth the old fox.' " 

Many other tales are told of the merry days of a 
circuit that nevertheless produced some of the bright- 
est ornaments of our profession, and upon whose re- 
cords are inscribed names that will never perish, those 
of Copley and Denman. 

POSTSCRIPT. 

Tawell, whose execution for murder I have re- 
ferred to in this chapter, although professedly a 
Quaker, was not a member of the Society of Friends. 
He was always distrusted by that body, having been 
mixed up with transactions of a disreputable char- 
acter upon former occasions. 



CHAPTER XIII. 

ME. BARON PARKE. 

HP HE learned judge who obtained the sobriquet of 
■*- Green Park, to distinguish him from Mr. Jus- 
tice James Alan Park, was one of the Barons of the 
Exchequer, and in my opinion no man ever held a 
place upon the bench with greater honor to himself 
and benefit to the public. Undoubtedly he had his 
defects, but in the higher attributes of his office he 
has never been surpassed. 

Much of his character was reflected upon his coun- 
tenance, which exhibited great power and intelli- 
gence. Upon the bench his deportment was grave 
without being in the slightest degree pompous. He 
paid the most profound attention to the proceedings, 
never exhibited signs of impatience, was courteous to 
every one alike, and would now and then go out of 
his way to say a kindly word of encouragement to a 
beginner. He was admitted to be a learned and ac- 
complished lawyer, although accused of yielding his 
mind too much to the subtleties of the profession. 
He loved the law, and probably, like lovers of more 
material things, could see no fault in the object of his 
love. His tendency to uphold technical views gave 
144 



BARON PARKE. 



145 



rise to a very clever squib by the late Mr. Justice 
Hayes, in which the spirit of the baron is supposed 
to arrive in Hades, where, instead of receiving the 
applause that he expected from admiring ghosts, he is 
mobbed by several of them, who had been obliged to 
quit their earthly tenements before he had settled a 
point really immaterial to their respective claims. 

When late one day at a party, he told a lady of my 
acquaintance that he could not tear himself away from 
a beautiful demurrer. His fondness for fresh air will 
long be remembered by those engaged in some of the 
trials over which he presided. On the coldest day in 
the early spring he insisted upon every window of 
the court being open, and the jury, each member with 
a different colored handkerchief over his head, a shiv- 
ering sheriff and despairing Ordinary, presented a 
sufficiently comical scene to those not too frozen to 
be amused by it. He was occasionally in the habit 
of sitting until late in the evening, which I am obliged 
to say I cannot altogether excuse, as very few of 
those engaged in a cause had equal powers of en- 
durance with himself. He suffered fearfully from 
gout, but this never affected his temper, or impaired 
his faculties. Upon his retirement from the bench 
he was created a life peer, but objections being taken 
to the power of the Crown to establish such an office, 
he received a peerage in the usual way, and was called 
up to the House of Lords under the title of Baron 
Wensleydale, and here he assisted most usefully upon 
the hearing of appeals. He might be seen of an after- 
noon wending his way to the House upon a roan cob, 
as grave and respectable in its deportment as its rider 
10 



146 MURDER GASES. 

He did not survive his promotion very long, and, leav- 
ing no male issue, the title became extinct. 

Baron Parke presided in two cases on the Home 
Circuit in which I was engaged to defend the prison- 
ers. They were both charges of murder: one was tried 
at Chelmsford, and the other at Lewes. I look back 
to them with considerable interest. They were the 
first in which I was counsel and where the life of a 
client was involved ; and I think that the circumstances 
of both of them were such as to render them worth 
relating. 

In the first case, a young woman of somewhat pre- 
possessing appearance was charged with poisoning 
her husband. They were people in a humble class 
of life, and it was suggested that she had committed 
the act to obtain possession of money from a burial 
fund, and also that she was on terms of improper in- 
timacy with a young man in the neighborhood. 

The solicitor instructing me was vehement in ex- 
pressing belief in his client's innocence. I was of a 
different opinion. He, acting upon his belief, desired 
that certain witnesses should be called. I, governed 
by my convictions, absolutely refused to do so, offer- 
ing at the same time to return my brief. This, how- 
ever, was refused, and I was left to exercise my own 
responsibility. The above question frequently arjses, 
and some counsel have considered themselves bound 
to obey the wishes of the solicitor. There is no doubt 
that this is the safest course for the advocate, for if 
he does otherwise and the result is adverse he is like- 
ly to be much blamed, and the solicitor also is exposed 
to disagreeable comments; but I hold, and have al- 



CASE OF POISONING. 147 

ways acted upon the opinion, that the client retains 
counsel's judgment, which he has no right to yield to 
the wishes or opinions of any one else. He is bound, 
if required, to return his brief, but if he acts against 
his own convictions he sacrifices, I think, his duty as 
an advocate. When the case came on, another inci- 
dent occurred in which again I was called upon to ex- 
ercise my view against the wishes of the solicitor. 
He desired that I should challenge one of the jury- 
men, but, not giving what I thought were valid 
grounds, I refused to do so, thinking then, and I have 
no reason since for considering otherwise, that using 
this privilege produces an unfavorable effect and that 
it ought never to be exercised except upon very sub- 
stantial grounds. 

I do not propose to go through the details of the 
trial. It is sufficient to say that a minute quantity of 
arsenic was discovered in the body of the deceased, 
which in the defense I accounted for by the sugges- 
tion that poison had been used carelessly for the de- 
struction of rats. Mr. Baron Parke summed up not 
unfavorably to the prisoner, dwelling pointedly upon 
the small quantity of arsenic found in the body, and 
the jury without much hesitation acquitted her, and, 
oddly enough, the juryman whom it was suggested I 
should challenge showed himself strongly in her favor 
throughout the trial. Dr. Taylor, the professor of 
chemistry, and an experienced witness, had proved 
the presence of arsenic, and, as I imagine, to the great 
disappointment of my solicitor, who desired a severe 
cross-examination, I did not ask him a single question. 
He was sitting on the bench and near the judge, who, 



148 MURDER AT HASTINGS. 

after he had summed up and before the verdict was 
pronounced, remarked to him that he was surprised 
at the small amount of arsenic found; upon which 
Taylor said that if he had been asked the question he 
should have proved that it indicated, under the cir- 
cumstances detailed in evidence, that a very large 
quantity had been taken. 

The professor had learned never to volunteer evi- 
dence, and the counsel for the prosecution had omit- 
ted to put the necessary question. Mr. Baron Parke, 
having learned the circumstance by accidental means, 
did not feel warranted in using the information, and I 
had my first lesson in the art of u silent cross-exami- 
nation." 

Some years after, at the Central Criminal Court, I 
was engaged in an unimportant trial, the prosecutrix 
of which was a comely middle-aged woman. The 
officer in the case told - me that she was my old 
Chelmsford client. She had married her former 
lover, and they were keeping a public house in the 
east end of London under other names, and bore 
highly respectable characters. 

On the outskirts of the town of Hastings, at the 
time of the occurrences I am about to relate — a time 
that my readers may guess when I tell them the rail- 
way had not extended beyond Tunbridge — there lived 
in a detached residence an elderly couple of respecta- 
ble position. Their establishment consisted of two 
maid-servants and a housekeeper, who had for many 
years been a valued and trusted servant. A man 
whom we will call Smith — his real name has escaped 
my memory — had been footman, but had left some 



MURDER AT HASTINGS. 149 

weeks before. It was upon a certain Sunday at this 
date that, according to their usual custom, the master 
and mistress and the two maid-servants had gone to 
morning church, leaving the house in charge of the 
housekeeper. Upon their return, shortly before one 
o'clock, they found the old lady weltering in her 
blood, barbarously murdered. Plunder had evidently 
been the object, as many articles were missing, and 
the poor creature had probably met her fate endeav- 
oring to protect the property of her employers. 

A reward was offered for the discovery of the mur- 
derer, and in the result Smith was apprehended and 
ultimately tried at the Lewes assizes before Mr. 
Baron Parke, and I was retained for and defended him. 

It appeared that upon the Saturday afternoon pre- 
ceding the murder he had been met in London by 
an acquaintance, to whom he had applied for the loan 
of some small sum of money. He told this person 
that he was going to return to Hastings, and at about 
half-past eleven o'clock on the Sunday morning he 
passed through a turnpike gate upon the outskirts of 
the town, and near to the house where the crime was 
afterwards committed. He was well known to the 
turnpike-man, who proved this fact, and no doubt 
was thrown upon the accuracy of these witnesses. 
The subsequent evidence, if true, was conclusive of 
his guilt, and yet partly through error and mismanage- 
ment by the police, and partly through falsehood and 
exaggeration introduced by the witnesses in hopes 
of the reward, it crumbled to pieces, and I obtained 
an acquittal with the entire concurrence of the judge, 
although neither he nor I had the slightest doubt of 
the prisoner's guilt. 



150 FALSE EVIDENCE. 

The first witness called was a cobbler, of a relig- 
ious turn of mind. He swore that he was taking home 
a pair of boots to a customer, and being ashamed to 
be seen pursuing carnal avocations on the Lord's day, 
he had gone through some fields behind the house 
where the murder took place, and saw the prisoner 
entering by the back way. Under cross-examina- 
tion he speedily came to grief. No one in court 
could doubt that his evidence was utterly false. He 
could not tell who his customer was, and as for the 
boots they were perfectly mythical, and he was obliged 
to admit that he had been very 'diligent in his inquiries 
about the reward. 

The stolen property was found under a hedge, con- 
cealed in a pocket-handkerchief, which I have no 
doubt whatever belonged to the prisoner, and one of 
the maid-servants swore that she had seen him using 
it when formerly he had been her fellow-servant, but 
by way of making her evidence more conclusive, 
pointed to a hole which she declared she noticed at 
that time. A washerwoman from London was called 
also to speak to it. She had washed it after he had 
left the service, and she swore positively that there 
was no hole in it when in her possession. Footsteps, 
identified by the police as the prisoner's, were said 
to have been discovered near the place where the 
property was found, but the gravest doubt was thrown 
upon this evidence by a riding-master, who declared 
that after the articles must have been deposited where 
they were found, and before the discovery, there had 
been a storm which, to use his own expression, would 
have washed out the hoof-marks of a horse ; in truth, 



MISTAKEN IDENTITY. 151 

the whole of the evidence was tainted by the exist- 
ence of a promised reward. 

The discrepancies which were patent, and the un- 
doubted falsehood told by the cobbler, were sufficient, 
in themselves, to wreck the case ; but another por- 
tion of the evidence produced failed in so singular a 
manner, that anything like a conviction was rendered 
impossible. 

The prosecution undertook to prove that the pris- 
oner was at a village between Tunbridge and Hast- 
ings called Robertsbridge on the night before the 
murder. This proof was obviously superfluous, as the 
evidence of the turnpike-man was undisputed, and 
brought the prisoner conclusively upon the spot of 
the murder. But this endeavor gave rise to the most 
dramatic scene I ever witnessed in a court of justice. 
The postman of Robertsbridge swore positively to 
having met him, and, noticing that he was looking 
tired, invited him to come to a public house and take 
a glass of ale ; that he did so, and remained for some 
half-hour talking to him and three other persons, who 
corroborated this statement. None of them had the 
slightest doubt of his identity. Nor were they shaken 
by cross-examination. They not only recognized his 
person, but having heard him speak before the magis- 
trate, stated that they remembered the tone of his 
voice. At my request a person was placed in the dock 
beside him. The postman was desired to look at the 
two then standing together. He trembled, turned 
ghastly pale, and I thought he would have fainted. 
The excitement in court was intense, and a pin might 
have been heard to drop. The likeness between the 



152 POSTSCRIPT. 

two men was marvelous ; the postman looked and 
looked again ; at last he gasped out, " I do not know 
which is the man." And, in fact, he had been mis- 
taken ; it was incontrovertibly shown that the man I 
produced was the person whom the postman had met. 
He had come down by the same train as the prisoner, 
and was on the way to Hastings at the time he was 
met at Pobertsbridge. He had not appeared at the 
preliminary proceedings, not wishing, for family rea- 
sons, that his journey to and from London should be 
known. Thinking, however, that his silence might 
endanger the life of a fellow-creature, he had com- 
municated with the prisoner's solicitor. Either the 
police knew of his existence, in which case the Rob- 
ertsb ridge witnesses ought never to have been pro- 
duced, or they must have been guilty of gross negli- 
gence if they did not. 

I have since endeavored to find out what had be- 
come of the accused man after his acquittal. I heard 
that for a short time he had been guard to a coach, 
but could learn nothing of his subsequent career. 
The learned Baron had summed up the case with his 
usual clearness and impartiality. The jury did not 
debate for five minutes, and to illustrate a habit of the 
learned judge, to which I have already alluded, when 
they were pronouncing the verdict of " not guilty " a 
neighboring clock was tolling the hour of midnight. 

POSTSCRIPT. 

The juries in both the cases recorded in the 
above chapter exhibited the most untiring atten- 



POSTSCRIPT. 153 

tion, and this is a characteristic of this tribunal in 
cases involving serious issues, whether criminal or 
civil. There seems at the present time a disposition 
to undervalue it in legal proceedings, and a dis- 
tinction is drawn between criminal and civil cases ; 
but if they are useful and necessary, as seems to be 
admitted in the latter, I cannot see why they should 
be dispensed with in the former: in both, their 
function is to deal with facts. The result, no doubt, 
must greatly depend upon the judge, whose duty it 
is to preside and, by his technical knowledge and 
experience, bring the facts clearly before the jury ; 
and I do not think that this tribunal is always to 
be blamed for what may sometimes be deemed an 
absurd and inconsistent conclusion. 



CHAPTER XIV. 

IMPRESSIONS OF SWITZERLAND AND HOMBURG. 

A /[" Y readers will have discovered by this time, if 
■*-*■*- I had not already told them, that whilst I pledge 
myself to the substantial accuracy of the facts I relate, 
I possess but little method in stating them. I rarely 
give dates, and make no attempt at chronological or- 
der; all I seek is to reproduce impressions that ^w ere 
made upon me at the time of the occurrences to which 
they refer, and my opinions and thoughts upon them, 
for whatever they may be worth, and thus, in defiance 
of all order, travel from grave to trivial, and from 
matters of business to those merely of pleasure. 

My last chapter might have been extracted from the 
" Newgate Calendar." I will now ask my readers to 
imagine a certain long vacation, and, quitting the re- 
gion of crime, to accompany me upon a very unpre- 
tending excursion to what I have always thought the 
most beautiful of lands. My passport has been ob- 
tained, and I have without a sign of regret bidden 
adieu for the present to forensic costume, and am at- 
tired for foreign travel. Switzerland is my goal, and 
there I expect to meet my old friend, Albert Smith ; 
it is the year after he has taken possession of Mont 
154 



ALBERT SMITH. I55 

Blanc, and has laid the foundation of a fortune which, 
up to this time, had been coy to no unworthy court- 
ship. For he was a man of genius, and, if inferior 
to Thackeray and Dickens, he was by no means want- 
ing in the descriptive powers of the latter author. 
He possessed much sense of humor, and was capable 
of writing a story that maintained a strong interest 
throughout with the reader. As a companion he was 
full of fun, and bubbled over with high spirits. He 
had passed some years of his early life in Paris in the 
study of medicine, and could record many an amus- 
ing scene of the Quartier Latin. He spoke French 
fluently, and the good-looking, fair-haired young Eng- 
lishman must have been a favored partner at the dances, 
when grisettes, now a departed class, after the honest 
labor of the day, indulged in much joyousness with- 
out coarseness or crime. 

One of his early productions was a novel called 
" Mr. Ledbury's Tour." It was extremely entertain- 
ing from the beginning to the end; the first volume 
contains some powerful writing ; it also gives the ac- 
count of an incident which happened when I was in 
his company. We were returning from some place 
of amusement, and were walking on the banks of the 
Seine close to the Pont Neuf, when we were startled 
by a splash. We saw a body in the stream about the 
centre under the bridge — only for a moment, and then 
the dark waters closed over it. On the following day 
the lifeless body of a good-looking young man, appar- 
ently English, was stretched out upon the slab of the 
Morgue. His dress betokened that he was of the 
better class. I never learned any of the facts con- 



156 FIRST VIEW OF THE RHINE. 

nected with the catastrophe, and do not know whether 
the account of the gambling-house scene introduced 
into "Mr. Ledbury's Tour" has been founded upon 
any knowledge subsequently obtained of this unfortu- 
nate man's history. 

I had engaged to meet my friend at Geneva, but 
will commence my tour at that well-known refuge for 
travelers, the Trois Rois at Basle. Fancy that I am 
standing in its spacious hall, awaiting the decision of 
a grave official as to whether I shall be allowed to en- 
ter farther within its precincts. I am at last invited 
to climb a number of stairs, fit preparation for mount- 
ain travel, and am assigned a few feet of uncarpeted 
floor with a tiny bed, but sheets very tempting in their 
whiteness. I hear a rushing noise, and looking out of 
the little window of my room I see for the first time 
the broad expanse of the Rhine hastening upon its 
downward voyage to the ocean. 

It was long before I could tear myself from the view 
of the mighty river. It was an autumn evening, and 
a moon nearly at its full was silvering the waters as 
they careered along, whilst small lights began to show 
themselves from the gabled buildings on the opposite 
side, and, when I cast my eyes up the stream, the hills 
but dimly seen furnished the imagination with a glo- 
rious promise of beauty and grandeur. 

I descend into the well-known salon. The table 
dliote is over, and the tables are laid out for tea ; 
everything looks fresh. Honey, the prominent feature 
of the tea-table, tempts to a beverage of which the 
innocence is in keeping with the purity of the scene. 

There is a balcony outside running the entire length 



THE HOTEL DES TROIS ROIS. ^57 

of the room ; it is here that Anthony Trollope has 
fixed the locality of one of his charming love-scenes. 
And where could be found a better 1 The warm soft 
feeling of an early autumn evening, the moon upon the 
waters, the music of the stream — all these, perchance, 
as new sensations as the words of a first love whis- 
pered in their presence. 

Let us now go to the front of the hotel, where in 
those days was witnessed a sight that will never be 
seen there again — a large open space filled with car- 
riages of every description, and coachmen in every 
guise, the tinkling of bells, and now and again the loud 
cracking of whips, which secure a space for traveling- 
carriages to dash up to the door, where an obsequious 
porter receives the inmates. The conveyances waiting 
around have deposited their freights, and their drivers 
are looking out for the chance of a party returning 
to the localities to which they respectively belong. 

Now all is changed. The railway disgorges its 
hundreds at fixed times. The only vehicles to be 
seen are the unromantic omnibuses, and a miscel- 
laneous crowd hustle their way into the hotel, their 
object apparently being to visit the greatest number 
of places in the shortest possible period ; the most 
earnest inquiries generally being about the time 
that the next train will start. 

The Rhine still pursues its downward course from 
the mountains. The Trois Rois stands where it did, 
the same official disposes of the human mass, but in- 
stead of the groups that one remembers dwelling with 
newly awakened sensations of pleasure at a beautiful 
and novel scene, and viewing with interest the curi- 



158 MEETING WITH ALBERT SMITH. 

osities of the country which ornament the saloons, 
there appears to have sprung up a feeling of indiffer- 
ence. "Move on, move on," seems to be the cry. The 
crack of the postilion's whip and the jingling bells 
of the horses are no longer heard : they have been su- 
perseded by the scream of the steam-engine, and the 
traveler, hot and almost suffocated by the closeness 
of the railway carriage, passes in a semi-comatose 
state through the most lovely and glorious of nature's 
works. From Basle I went to Zurich, sharing a car- 
riage with two travelers whom I accidentally met. A 
charming drive it was : it is now accomplished by train. 
And upon this journey it was that for the first time a 
range of snow-clad mountains presented themselves 
to my wondering eyes, a sight, indeed, that surpassed 
everything that my imagination had pictured. From 
Zurich I hastened on to Geneva, where, at one of the 
hotels in the town — the palaces since built did not 
then exist — I met my friend Albert Smith and his 
brother Arthur, and with them innocently amused 
myself by catching small fish and admiring the ex- 
quisite scenery of the lake. After a day or two I ac- 
companied them to Chamouni, where I profited by 
the celebrity that they had acquired. It is sad to 
think that none of us will ever hear again the story 
told by Albert of his ascent of the great mountain. 
His pleasant voice and manner and really graphic 
description of the incidents gave it a great charm, 
and his introduction, under the title of " Gralignani's 
Messenger," of a topical song, was a great success. 
The prettily ornamented room at the Egyptian Hall 
was nightly filled, and the amusement afforded was 



HO M BURG. 159 

of a kind that offered no impediment to the presence 
of the most strait-laced of moralists. 

In returning from Geneva I passed over the Jura, 
one of the most lovely ranges of mountains in Switz- 
erland, now lost to the traveler in consequence of the 
railway. From the banquette of the diligence each 
turn of the road presented a new scene of beauty to 
its occupier. Having reached Dijon, at which place 
we stopped, the journey home was shortly accom- 
plished. I cannot imagine that the impression made 
by this my first visit to Switzerland w T ill ever be ef- 
faced. 

A very different place, dependent more upon art 
than natural beauty, although by no means deficient in 
the latter quality, was Homburg. Sparkling it was 
and brilliant when I first saw it, which was a long time 
ago. Its beauties and its naughtinesses have been 
often described. 

How joyous was the scene it presented in the early 
morning, and who would guess that any of the gayly 
dressed throng crowding round the springs were in- 
valids in search of health ! Everything was there 
that could enliven. The crisp air, through which vi- 
brated the lively strains of music, gave freshness to 
the charms of the scene. What a place for a gossip, 
orfor a flirtation ! Dangerous, I admit, for under such 
influences words may be spoken not easily, if re- 
pented, to be recalled. Those seats with honeysuck- 
les and jasmine twining around the trellis-work have, 
I will venture to say, been the scene of many a vow 
breathed, and many a soft response. Then the pa- 
rade, shaded on each side by trees, was crowded with 



160 VISITORS AT HOMBUR G. 

company exchanging friendly salutes as they sauntered 
from one spring to the other. The visitors on the oc- 
casion I am now thinking of were principally Eng- 
lish, most of them well known in the world of fame 
and fashion. I could mention the names of many la- 
dies, but it would be invidious to select among so 
much that was beautiful in the fair sex any particular 
example. 

Amongstthemen one figure might every morningbe 
seen striding manfully along, battling gallantly with 
an old enemy, the gout, recognizing with a kindly nod 
and smile those whom he knew — and they were many, 
for with one of the known characteristics of his fam- 
ily he never forgot a face. This was the Duke of 
Cambridge, who annually sought these springs, and 
was always an object of interest to his fellow-coun- 
trymen. Another visitor, seen also frequently leaning 
upon a gentleman's arm and pacing slowly up and 
down, was the Grand Duke of Mecklenburg Strelitz, 
the blind prince, his great calamity making him the 
object of compassion, whilst the courage with which 
he bore it obtained for him feelings of admiration and 
respect. It was my great privilege to join some small 
parties in which he entertained many affectionate 
friends, and in the course of which he displayed qual- 
ities proving that his grievous calamity had in no re- 
spect impaired his power of feeling as well as of im- 
parting intellectual enjoyment. It was during this 
visit to Homburg that I had the honor of being in- 
troduced to his Royal Highness the Prince of Wales, 
from whom since that time I have met with many in- 
stances of kindly feeling. In the evening, after the 



GAMBLING ROOMS. \Q\ 

cafe's and hotels had, in some instances, furnished rea- 
sonably good dinners, a different scene was presented 
in another locality. On a terrace outside the conver- 
sation-rooms were numerous tables, seated at which 
the visitors were enjoying coffee, ices, and no small 
quantity of beer. They were composed of all ranks, 
ladies of the highest, in costumes of exquisite taste, 
mingling with the peasantry from the surrounding 
country, decked in their village finery ; and mixing 
amongst the crowd were to be met the flashily-dressed 
tradesman from Frankfort, and the unlucky gambler 
who had just lost his last napoleon. A fine band 
played a succession of popular airs, and thus the even- 
ing afforded a fund of amusement to those content to 
enjoy the natural beauties of the place and the means 
of enhancing them so liberally supplied by the pro- 
prietor of the gambling establishment. There were 
occasional operas, at which Patti delighted the visit- 
ors, and the drives in the surrounding woods afforded 
both health and pleasure in the daytime to those who 
preferred to seek them to the fascinations presented 
in the gorgeous saloons of the establishment. It was 
in these that the naughtinesses prevailed. I wish I 
was able to speak of them with becoming reproba- 
tion, but prefer to leave this office to others better 
qualified to do so. 

No doubt all the evil passions which are supposed 
to emanate from a certain place were present at the 
gambling tables, but there was such an air of decorum 
that they were concealed from an ordinary observer. 
A serious lady of my acquaintance called it a feast of 
Satan ; but the attendants upon the banquet were so 
11 



162 GAMBLING SYSTEMS. 

decently clad, and conducted themselves so quietly, 
and looked altogether so very respectable, that it was 
difficult to take them for that gentleman's satellites. 
Still, the word of the moralist went forth : Homhurg 
was purified, and gambling driven into holes and cor- 
ners where there is no supervision to prevent the 
worst of frauds, or else it has a decent coat put on and 
is called speculation. 

I wonder whether Monsieur Blanc in his splendid 
palaces, with his refaits and zeros, has broken more 
hearts and disseminated more ruin than that scrupu- 
lously washed and dressed gentleman whom on a Sun- 
day you may see walking so decorously to church, 
who occupies two dirty rooms in Throgmorton Street, 
and is a shareholder in that mighty gambling house, 
the Stock Exchange. 

Before bidding adieu to Homburg it is only right 
to say that everything was conducted with perfect 
fairness. No imputation to the contrary has ever been 
suggested. Every one knew or might have known the 
chances secured to the tables. No one could fail to 
see around him, in the amusements and luxuries pro- 
vided by the proprietor for the visitors, proof of the 
enormous profits he must be realizing ; and, independ- 
ently of the advantages incident to the tables, the most 
important of which was the limit that players were re- 
stricted to, and which almost without an exception 
could beat the capitalist, whilst the funds of the bank 
defeated the smaller speculators — it really was a ma- 
chine working uninfluenced by passion or feeling 
against those who were operated upon intensely by both. 

Most of the habitues practiced a system, but I nev- 



RUINED GAMBLERS. 1(33 

er yet knew of a case in which it succeeded for any 
length of time, although I have heard and known of 
large sums won by strokes of luck where the player 
has succeeded without any pretense to science or cal- 
culation. Around the table, and wandering listlessly 
about the rooms, might be seen shabbily-dressed in- 
dividuals, apparently without an object on earth : they 
are ruined gamblers — the passion still strong upon 
them, the means of gratifying it departed. You might 
sometimes see one of these individuals move stealthily 
up to an apparent novice, and suggest to him that for 
a few florins he could teach him an invaluable mode 
of play. If the novice listens to him he will explain 
the mere accident which prevented his own success. 
Perhaps he obtains what would get him one decent 
meal, but with flushed face he creeps to the roulette 
table, puts the piece upon his favorite number, with 
a haggard smile upon his face sees it swept off by the 
croupier, and steals back penniless and starving,* to 
continue his hopeless wanderings. 

An observer might also notice certain ladies who, 
whatever might be their character, are quiet and un- 
obtrusive. When first seen they shine with much 
jewelry ; this from day to day diminishes, and finally 
the whole has disappeared. 

I do not fail to remember that Mr. Goldsmidt, the 
obliging banker, in High Street, had always some dia- 
monds that he could sell you, "a very great bargain." 

The countenances of the visitors departing from 
Homburg are graver than they were when starting 
to reach it. It is to be hoped that enough remains in 
their pockets to secure a meal at the Hotel de Russie 
at Frankfort, which, if anything can do it, will restore 



1£4 MODE OF OBTAINING A SEAT AT THE TABLE. 

their cheerfulness. Stories are told of the hotel keep- 
ers at Homburg having some specific by which they 
find out when their customers are ruined, and furnish 
them with means to take their unlucky carcasses to 
some other locality, where they may dispose of them 
as they please. 

Upon one occasion I must own to having been 
guilty of a very unjustifiable ruse to get possession of 
a seat at a rouge-et-noir table. It was occupied by 
a lady well known at the springs : she was of the 
highest respectability, and although she could not re- 
sist the temptation of play, she indulged in it upon 
thoroughly economic principles, making three or four 
crown pieces last for a considerable time. She was 
not young, she was not beautiful, and was very jeal- 
ous of her husband, which was a fact pretty notorious. 
Well, there, upon one occasion, she was sitting stak- 
ing a crown about every half hour, and, having five 
cro*wns left, she had evidently capital enough upon this 
system to last the entire day. I looked around ; no 
vacancy seemed likely to be made by other players, 
and so it occurred to me, moved, as we say in the crim- 
inal courts, by the instigation of the devil, to say to a 
frierd, loud enough for her to hear, " I wonder who 

that pretty girl is that Charlie is flirting with on 

the parade," naming her spouse. The legs of her 
chair grated upon the ground as it was drawn rapidly 
back ; the five crowns were swept together and de- 
posited in her reticule, and hastily and anxiously the 
lady departed. I trust I may be forgiven, and I am 
glad to say that I heard of no domestic calamity. 

One other little incident I cannot forbear relating 
There was a well known frequenter of the rooms — I 



ANECDOTE OF TWO LADIES. \Q§ 

will furnish her with a fancy name. Mrs. Delamere 
was an elderly female, with a countenance that did 
not attract, and who certainly could not be charged 
with using any meretricious ornament. She took her 
seat daily at the roulette table : with much diving 
into a bag she would produce her capital, six or seven 
florins being apparently its limit. She secured a chair 
early, and kept it resolutely against all comers, watch- 
ing the chances of the table. The incident I am 
about to relate will show what she considered them 
to be. One day there entered the rooms a lady of a 
type very different from that of the ordinary frequent- 
ers. She was clad in a sober, dark dress, almost 
Quaker-like in its neatness. A bonnet that at once 
established the respectability of its wearer surmount- 
ed a middle-aged and not unpleasing countenance. 
The stranger seemed fascinated by the tables ; she 
approached them, walked round them, peeped over 
the players' heads, and after an evident inward strug- 
gle placed a napoleon upon a number immediately in 
front of Mrs. Delamere. Round went the wheel, and 
to that number thirty-five napoleons were pushed by 
the croupier. These Mrs. Delamere immediately 
clutched. The lady to whom they belonged mildly 
expostulated, saying they were hers. "Yours ! " yell- 
ed Mrs. D., looking her victim sternly in the face. 
" Don't try that game with me — this is not the first 
time you have attempted it." The lady shrank back 
abashed, and Mrs. Delamere thus became an instru- 
ment in the hands of Providence to check, at its very 
outset, a tendency to the debasing vice of gambling 
in a fellow-creature. 

Homburg is still charming and still attracts. The 



166 MONACO. 

springs are, as formerly, crowded in the morning, and 
on my last visit I recognized many old faces. The 
band still played ; the same mixed crowd was to be 
seen in the evening ; and it certainly had this advan- 
tage, to those who studied economy But were unable 
to resist temptation, that it was much cheaper than in 
former days. 

At Monaco there still exists an establishment in 
which, in one of the most lovely spots in the world, 
rouge-et-noir and roulette are played with every cir- 
cumstance of outward decorum. It is said that the 
prince of the country derives his principal revenues 
from the proprietors. Lately a movement has been 
got up by certain English sojourners to procure their 
expulsion. A friend of mine, who possesses a very 
beautiful villa in the neighborhood, was solicited 
the other day by another resident to sign a memorial 
for this purpose, but as he considered that those who 
did not like it might keep away, and that it was pure 
impertinence to interfere with the arrangements of a 
foreign place, he absolutely declined. His friend ex- 
hausted every argument upon the score of morals 
without avail, and, making a last effort, he pointed out 
how much it would increase the value of their prop- 
erty. I should be very sorry to treat with disrespect 
the conscientious scruples of any class, and, if pres- 
sure comes from the natives of a country to abolish an 
institution, it ought to be treated with consideration ; 
but really the opinions of foreigners, who might find 
plenty of improprieties in their own country to reform, 
are, in my humble judgment, worthy not only of no at- 
tention, but are generally the outcomings of self-inter- 
est, and signal examples of impertinence and conceit 



CHAPTER XV. 



LORD CAMPBELL. 



T N the year 1850 Lord Denman, stricken by illness, 
■*- retired from the bench. If not so profound a law- 
yer as some of those who had filled the office of Lord 
Chief Justice in former years, he possessed the highest 
qualities of a great judge, and the necessity for his re- 
tirement occasioned general regret, and a more complete 
contrast can scarcely be imagined than that presented 
between him and his successor, Lord Campbell. The 
high-minded feeling and heartfelt courtesy of the one 
was replaced by a superficial veneer of forced polite- 
ness that concealed the natural bad taste and peevish 
temper of the other. 

I have indicated in former pages the importance I 
attach to the demeanor of a judge when upon the bench. 
He has no excuse for discourtesy, he naturally com- 
mands the respect and consideration of all present. 
Fractiousness and impatience seriously impair his use- 
fulness. They produce nervousness in counsel of in- 
experience, who ought to be encouraged, if not out of 
kindness to themselves, for the sake of those to whom 
it is the duty of the judge to see, to the best of his 
power, that justice is done. Lord Campbell was a 

167 



16g DEMEANOR OF LORD CAMPBELL. 

learned and skilled lawyer, but his manner was harsh 
and irritable. He had no compassion for weakness. 
He crushed where he ought to have striven to raise. 
It is of no value for a sufferer to be told, even if it be 
the fact, that under an offensive demeanor there exist 
a kind heart and amiable disposition ; such knowledge 
affords no comfort to a young barrister who has been 
snubbed before his first client and the entire court. 
Lord Campbell ought to have had mercy, for he was 
by no means himself insensible to applause, and some- 
times sought it by not very dignified means. His Life, 
unlike the Lives of those whose history he has written, 
has been delivered to posterity by himself, and he es- 
caped the death-pang that others, not without reason, 
apprehended from his undertaking their biography. 

He undoubtedly was a consistent partisan, and his 
views were enlarged and liberal upon the great political 
subjects with which he had to deal ; at the same time 
it must be admitted that the services he performed met 
with sufficiently substantial rewards, and his Diaries 
show that he pursued his material interests with skill 
and unflagging perseverance. He obtained a peerage 
for his wife as a consideration for remaining Attorney- 
General at a time when his resignation of that office 
would have been of serious inconvenience to the Min- 
istry; and when, in 1841, the Government to which 
he was attached was tottering, he created a scandal 
by securing to himself the appointment of Irish Lord 
Chancellor and a peerage. His services in that capac- 
ity lasted about a fortnight — a fact that the long-headed 
Scotchman must have foreseen. When the vacancy 
occurred in the Chief Justiceship, it was only proper 



INTERVIEW WITH MISS STRICKLAND. IQQ 

that he should obtain a post which not only his services 
but his great legal attainments fully entitled him to. 
And of his subsequent appointment as Chancellor 
there is no reason to complain. I do not know whether 
he was popular with the equity bar, or what judgment 
was formed of his ability in that branch of the law, but 
he certainly possessed the merit of unwearying indus- 
try, and exhibited upon all occasions a conscientious 
endeavor to make himself master of his subject. 

His Lives of the Chancellors and Chief Justices are 
pleasant and readable books, and exhibit his love for 
work, although he by no means disdained to avail him- 
self of the labors of others, which I do not remember 
that he ever acknowledged. I heard Charles Phil- 
lipps tell a story of having been talking to Lord 
Brougham at the House of Lords, when he pointed 
out to him an elderly female in a poke bonnet stand- 
ing at the bar. " Do you see," said he to Phillipps, 
''the old lady standing there? She is Miss Strick- 
land. She is waiting to reproach Campbell with his 
literary larcenies. He will escape by the back way." 
It appears, however, from an extract that I insert from 
his Diary, that he was not successful in doing so. The 
following is his account of, I presume, the occurrence 
related by Phillipps : — 

" My exploit in the House of Lords last night was 
introducing myself to Miss Strickland, authoress of 
the ' Lives of the Queens of England,' who has been 
writing a violent letter against me in the newspapers. 
After I had conversed with her for half an hour, she 
exclaimed, 'Well, Lord Campbell, I do declare you 
are the most amiable man I ever met with.' I thought 



170 CHARACTER OF CAMPBELL AS AN ADVOCATE. 

Lord Brougham would have died with envy when I 
told him the result of my interview; and Ellenbor- 
ough, who was sitting by, rubbed his hands in admi- 
ration. Brougham had thrown me a note across the 
table, saying, ■ Do you know that your friend, Miss 
Strickland, is come to hear you ? ' " 

I suspect that, if it had been possible to have heard 
Lord Brougham's account of the interview, if indeed 
he witnessed it, more amusement would have been af- 
forded to the reader than that transmitted to posterity 
by the most amiable man Miss Strickland ever knew. 

Whilst he was at the bar I had not many oppor- 
tunities of hearing Campbell. He was, beyond doubt, 
a very skillful advocate. His manner was dry and 
not pleasing, but he commanded attention, possessed 
great power and force, and was, I should think, with 
rare exceptions, thoroughly judicious. In strictly 
legal arguments few men at the bar surpassed him, 
although Kelly was equally earnest and as well versed 
in legal subtleties ; Follett, with certainly equal at- 
tainments, possessed a more fascinating voice and 
manner. 

I have already given some account of the case of 
Norton v. Lord Melbourne, of the result of which 
Lord Campbell was very proud ; but he has succeeded 
in many cases of far greater difficulty, though not of 
such public interest. 

There was another case in which he was engaged, 
which also attracted a great deal of attention, and it 
so happened that my old master, the General, as Wat- 
son was always called, was engaged in it. The day 
before it came on I was dining with him, and the fol- 



ACTIO X OF LORD DE ROS AGAINST CUMMING. 171 

lowing morning I accompanied him to the Court of 
Queen's Bench, where it was tried before Lord Den- 
man. It was an action brought by a Lord de Ros 
against a gentleman named Cumming for defamation, 
and Watson was with Thesiger and Alexander for the 
defense. It arose out of play transactions at different 
clubs, and it was alleged that Lord de Ros had been 
habitually guilty of cheating. The court was crowded 
to the ceiling, and I remember Lord Lyndhurst, 
amongst many other gentlemen, being upon the bench, 
taking apparently a great interest in the trial. 

The story was a very strange one. Lord de Ros 
was a man of high family, I believe Senior Baron, 
and was not only a popular man, but wealthy and lib- 
eral in the ordinary transactions of every-day life, and 
a member of several of the best clubs in London and 
elsewhere. There was no doubt that, long before the 
matter was brought to an issue, whispers had circu- 
lated imputing to his lordship unfair practices. He 
had received a well-meant although anonymous com- 
munication advising him to desist from play, and a 
paragraph charging him broadly with cheating had ap- 
peared in a newspaper. Ultimately certain gentle- 
men, amongst whom was Mr. Cumming, undertook 
the responsibility of the charge, upon which the ac- 
tion was brought against the latter gentleman by 
Lord de Ros for slander. The transactions attrib- 
uted were alleged to have occurred at a club at 
Brighton, the Travelers', in Pall Mall, and more 
markedly at a proprietary club that was then in 
existence and kept by a gentleman named Graham, 
from whom it took its name, and of which many dis- 
tinguished men, including Lord de Ros,were members. 



172 CASE 0F LORD DE ROS AGAINST CUMMING. 

His lordship was an excellent whist-player, and con- 
sidered quite a match for the finest of the day. Nev- 
ertheless, it was asserted that he resorted to an elabo- 
rate trick to obtain an unfair advantage. I will en- 
deavor to explain its nature, but it is difficult to do so 
clearly. It consisted in a reversal of the cut, that is 
to say, that after the cards had been cut to the dealer 
he would contrive, by an act of legerdemain, to re- 
place the last card, which ought of course to have gone 
amongst the other cards into its original position at 
the bottom of the pack. It is obvious that for the 
purpose of rendering this trick of benefit to the dealer 
he must have acquired a knowledge of what the card 
so replaced was. And it was said that for this pur- 
pose Lord de Ros contrived to mark certain court cards 
in such a manner as to be able to distinguish them and 
secure the presence of one of them at the bottom of 
the pack when he presented it to his adversary to be 
cut. 

It is really incredible that any sane man should have 
conducted his proceedings with such recklessness as 
he did, and one cannot help thinking of the saying, 
" Quern Deus vult perdere prius dementat." 

The witnesses examined against him had noticed 
that when about to deal he endeavored to distract at- 
tention by coughing, an infirmity that did not trouble 
him at other times, and one of them, Sir William In- 
gelby, declared that he did not remember an instance 
of his dealing without turning up a king or an ace ; 
the cards with which he played were afterwards 
examined and found to be marked, apparently with 
the thumb nail. Colonel Anson, George Payne, and 



GEO. ANSON, GEO. PA TNE, LORD HY. BENTINCK. \ 73 

Lord Henry Bentinck were amongst the witnesses 
deposing to having noticed Lord de Ros in his mode 
of dealing. 

These gentlemen were amongst the finest players 
of the day, and he must have known that they were 
looking on whilst he was transposing the cards, which 
adds to his extraordinary folly, if it does not almost 
prove him to have been insane. 

Sir John Campbell, who with Sir William Follett 
and Mr. Wightman appeared for Lord de Ros, made 
a long, energetic, and powerful speech, showing his 
capacity in a hopeless case. I cannot, however, think 
that a suggestion he made of conspiracy upon the 
part of the gentlemen called could be either prudent 
or justifiable, as it was clear that they had all come 
forward most unwillingly. After an anxious and 
thoroughly impartial charge by the Lord Chief Jus- 
tice, the jury, without hesitation, found the only possi- 
ble verdict, for the defendant. 

The trick was not a new one, and was known by 
the name of sauter la coupe, and Sir William Ingelby 
excited much laughter by undertaking with a pack 
of cards to show the mode in which it was performed, 
and, fortunately for his reputation, he made a very 
clumsy exhibition of it. Sir John Campbell also 
caused a good deal of fun by inadvertently describ- 
ing it as couper la saute. An anecdote was related in 
connection with this case of a young member of the 
club who had noticed Lord de Ros performing this 
trick asking an older member what he ought to do 
"Bet upon him" was the advice given, of course in 
joke. 



174 ATTEMPT TO SHO W PHYSICAL INFIRMITY. 

An endeavor was made to show that Lord de Ros 
had some physical infirmity connected with the mus- 
cles of the hand, which would have prevented his 
manipulating the cards in the manner described, and 
for this purpose the eminent surgeon, Mr. Lawrence, 
was called, but did not succeed in substantiating this 
view. Mr. Lawrence was a skillful surgeon, and also 
a literary man of great attainment. He wrote a work 
in early life which was said to be anti- Christian, and 
he lost position with the public in consequence of it. 
The views enunciated in it are now to be found in 
the common literature of the day, but in those times 
free thought, or rather the expression of it, met with 
scant favor. I frequently met Mr. Lawrence during 
the latter days of his life, in professional matters. He 
laid himself open to be a witness in cases of railway 
accidents, but although his appearance was greatly in 
his favor, and~ his knowledge deep and varied, he was 
too hasty in forming an opinion, and too dogmatic in 
asserting it. I always thought it dangerous to call 
him, and preferred his being on the opposite side. 

Of Sir William Follett, who was counsel both in 
this and the Melbourne trial, I knew personally but 
very little. From what I did know I should say no 
man ever lived more thoroughly unaffected or with a 
kinder heart, and of the greatness of his attainments 
all were agreed. Once only, when junior to Sir Fred- 
erick Pollock, I was opposed to him. In the absence 
of my leader a somewhat complicated verdict was re- 
turned, and Sir William, seeing my difficulty, helped 
me out of it. He had never spoken to me before, 01 
I to him. His early death was a great source of sor- 



MR. JUSTICE WIG HTM AN. 175 

row to his private friends, and a very grave one to his 
country. 

Mr. Wightman afterwards became one of the judges 
of the Court of Queen's Bench, and a very efficient 
and useful one. He had a certain amount of dry hu- 
mor, an instance of which I remember upon a trial 
at the Maidstone assizes. A very excellent and learned 
friend of mine, not however famed for his brevity, 
had been for some considerable time enforcing his ar- 
guments before a Kentish jury. Mr. Justice Wight- 
man, interposing, said, "Mr. , you have stated 

that before," and then, pausing for a moment, added, 
" but you may have forgotten it, it was a very long 
time ago." I have been before this judge very often, 
and have a very pleasant recollection of his courtesy 
and good humor, and his shrewdness was very formi- 
dable to a guilty client. 

I only remember being present at one other case 
which Sir John Campbell, then Attorney-General, 
conducted. This was an indictment at the Central 
Criminal Court against a solicitor named Williams 
upon a charge of forging a will. Campbell was for 
the defense, and I followed his conduct of the case 
with great interest and attention, and certainly it was 
a fine specimen of powerful advocacy, and, against 
the view I had formed, it was successful. The pros- 
ecution gave rise to much subsequent litigation in 
our courts, which, however, as I believe, ended in 
the establishment of the will. 



CHAPTER XVI. 

Campbell's irritability. 

1 1 HAVE not hesitated to express my opinion of 
A Lord Campbell's demeanor upon the bench ; but 
his great knowledge and unwearying industry render- 
ed him an extremely powerful common law judge. 
There is no doubt that a very learned man in his po- 
sition may feel weariness at the occasional prolixity 
of counsel, but it is not less his duty to restrain the 
exhibition of it where the advocate is genuinely en- 
deavoring to convey his views. The impatience oc- 
casionally exhibited by Lord Campbell took a form at 
times that was positively grotesque. I remember up- 
on one occasion, during the speech of a very able coun- 
sel, now a judge, that after having shown many signs 
of irritability, his lordship could no longer keep his 
seat, but getting up marched up and down the bench, 
casting at intervals the most furious glances at the im- 
perturbable counsel, and at last, folding his arms across 
his face, leaned as if in absolute despair against the 
wall, presenting a not inconsiderable amount of back 
surface to the audience. A very clever caricature 
was drawn of him by a barrister, representing his 
half-dozen phases of disgust, and terminating with his 
dorsal exhibition. 
176 



TRIAL OF PALMER. \*jfj 

In 1856 he presided at the Central Criminal Court 
upon the trial of William Palmer, upon a charge of 
murder. This case was peculiarly one of cold-blooded 
crime. Palmer was by profession a surgeon, by prac- 
tice an assassin, and he was tried for poisoning a per- 
son named John Parsons Cook. 

Sir Alexander Cockburn conducted the prosecution, 
admittedly in the very highest style of excellence. 
Palmer was defended by Mr. Serjeant Shee, a man 
of power and eloquence, and very earnest and con- 
scientious. He was induced, and I am sure with sin- 
cere conviction, to express a personal belief that the 
accused was innocent, meaning, however, merely that 
he was not guilty of committing the crime by the 
agency suggested. Lord Campbell did not check or 
reprove him, probably having Lord Melbourne's case 
in his recollection, and not wishing to be reminded 
of it. The prosecution based their theory mainly up- 
on the death having been caused by strychnine: which 
was founded upon descriptions given by different wit- 
nesses of the appearances the deceased exhibited be- 
fore his death. 

There were, however, circumstances that weaken- 
ed this theory, and certainly antimony had also been 
employed. Professor Taylor was very confident upon 
the subject ; and attributed the death solely to the for- 
mer poison, and if the case had been allowed to drift 
into chemical refinements, serious difficulties might 
have arisen. Sir Benjamin Brodie would give no opin- 
ion as to the actual poison used, but declared without 
hesitation that he had never known a natural death 
12 



]_78 SUMMING UP. 

attended with the appearances described. The strong 
good sense of Lord Campbell brushed away the mere- 
ly scientific question ; showed that it was not material 
to discover by what poison the deed had been effect- 
ed ; dwelt with overwhelming force upon the facts, to 
which, as he explained, the medical evidence was 
merely subsidiary, and only used for the purpose of 
demonstrating that the appearances presented were 
consistent with the means suggested. I have no doubt 
that Palmer was a practiced poisoner, and that he had 
hoped to evade justice by mingling the poisons and 
deceiving the scientific witnesses. If this was his 
aim, Lord Campbell signally defeated it. 

He was convicted without much hesitation, and re- 
ceived his doom with perfect calmness. He was a 
sporting man, and when the verdict was returned 
wrote upon a slip of paper which he handed to his at- 
torney, " The riding did it," alluding to Cockburn's 
speech. 

Mr. Serjeant Shee had an impossible task. He was 
an old companion of mine upon circuit, and when Lord 
Denman appointed me a revising barrister I was as- 
sociated with him as . a colleague. He was subse- 
quently made a judge of the Queen's Bench, the first 
Roman Catholic of late years appointed to that post 
in England, but did not survive his honors very long. 
He was highly esteemed and respected, especially by 
his brethren at the bar. 

The reputation of Lord Campbell for politeness was 
amusingly illustrated by a remark made by the crier 
of the court to a friend at the commencement of this 
case. His lordship had said with great suavity of 



PALMER AND THURTELL. 179 

manner, " Let the prisoner be accommodated with a 
chair." " He means to hang him," said the crier. 

History, it is said, repeats itself, and crime is no 
unimportant part of history, and will be found much 
the same, although in various disguises, in different 
generations. The motives actuating its commission, 
and the character of the criminal, can be clearly trac- 
ed and recognized, but the modes by which the deed 
is accomplished vary with the period. Thus there is 
a close analogy between Palmer and a murderer nam- 
ed Thurtell, who was convicted some half-century 
ago. Both were called gentlemen: Thurtell, because 
he kept a gig ; Palmer, because he kept an apothe- 
cary's shop. Both were turfmen and gamblers. In 
both instances the victim was a particular friend and 
intimate associate of the murderer ; and in both, the 
object of the crime was to get rid of debts incurred 
at play or by betting. Thurtell's crime represented 
the coarseness of the age ; Palmer's, its improved in- 
telligence. Had the former lived in Palmer's time, 
instead of first shooting and then battering out the 
brains of Weare, he would have invited his friend to 
supper, and put strychnine or antimony into the ap- 
ple-sauce accompanying the roast pork of which that 
supper consisted, and with which Thurtell and his 
accomplices regaled themselves after the murder. 

I dare say few of this generation recollect anything 
about the circumstances of the case to which I have 
referred. 

Thurtell had lost money to Weare, and got an ac- 
complice named Probert to ask him to a cottage be- 
longing to that person down in Hertfordshire, and he 



180 RAIL WAT A CTIONS. 

himself undertook to drive liim. In a lane near their 
destination, Thurtell drew a pistol and shot Weare 
in the head ; the wound not being fatal, he finished 
his work with the barrel of the pistol. The body 
was conveyed to Probert's cottage and deposited un- 
der a sofa, whilst a party, consisting of the owner of 
the cottage, Thurtell, a man named Hunt, and Pro- 
bert's wife, had supper. The body was afterwards 
deposited in a pond, where it was subsequently found 
through the information of accomplices. 

Probert and Hunt turned king's evidence. The 
former was subsequently hanged for what in any other 
person would have been treated as borrowing a horse, 
but the jury were only too glad to make him pay the 
the penalty of his former crime. Hunt was trans- 
portedfi#n/I I have heard was killed by the crew upon 
his outward voyage. 

I remember two causes in which I was engaged be- 
fore Lord Campbell : they were both founded upon 
railway accidents, and in both of them, through no 
fault of the judge, there was a miscarriage of justice; 
and although not of any great public interest, they il- 
lustrate some of the phases that present themselves, 
in actions of this kind, where the verdict depends not 
upon a question of fact, but upon the character of an 
admitted injury and the amount of compensation to be 
awarded. If such injury is outwardly apparent and 
none is said to exist internally, the task is not difficult, 
but almost in every case some occult evil is said to 
have occurred, sometimes without any foundation, and 
nearly always exaggerated, and a jury are obliged to 
rely upon the truthfulness of a claimant and the ac- 



MISTAKEN RESULT. Igl 

curacy and sound judgment of professional men. It 
is somewhat unfortunate that many undoubtedly able 
medical men have made this class of case a specialty, 
and some of these gentlemen are almost invariably 
selected as witnesses, and I fear quite unwittingly act 
too often with a spirit of partisanship. 

A gentleman named Glover was the plaintiff in the 
first of the two cases to which I have called atten- 
tion. He had been, I believe, member for Reading, 
and, although no external injury was apparent, it was 
stated that he had received a serious spinal shock, and 
that the result might be fatal. His appearance, how- 
ever, in the witness-box did not support this idea, and 
his manner prejudiced his case exceedingly, f It was 
finikin and coxcombical, and many, of whom I con- 
fess myself to have been amongst the number, thought 
that he was not candid in giving his evidence ; and the 
statements of the doctors, which gave a very grave 
aspect to the alleged symptoms, had in consequence 
less weight than they deserved. Lord Campbell took 
an unfavorable view, and evidently thought that there 
was gross exaggeration. The jury, coinciding in this 
opinion, returned a verdict quite inadequate to the in- 
juries if truly represented. Within three months the 
unfortunate gentleman, a comparatively young man, 
died, and it could not be doubted that his premature 
death resulted from the effects of the injuries he had 
undergone, and which had been correctly indicated by 
the medical men. 

I have, in a former chapter, whilst considering the 
mode of treating witnesses, cautioned an observer 
against being too much biased by appearances, not 



]_32 ANOTHER RAILWAY CASE. 

necessarily indicative of a desire to deceive, but re- 
sulting from the natural infirmities of the human mind 
which become developed by the nervousness of an un- 
accustomed position, and I have seen a thoroughly hon- 
est witness show himself from this cause in a very un- 
favorable light. 

In the other case, tried, I believe, before the same 
judge, the plaintiff was brought into court apparently 
in a moribund state. He seemed scarcely able to ar- 
ticulate, and his limbs were without power or sensi- 
bility. According to the doctors, and I do not im- 
pugn their truth as to the fact, his powers of sensa- 
tion had been tested by a needle, which had been in- 
serted in his arm without his exhibiting any sign of feel- 
ing; in fact, he created general sympathy, and obtained 
a very large verdict amounting to many thousands. 
It was thought useless to move for a new trial. Within 
a week after the time had elapsed for doing so the 
plaintiff was recognized climbing Snowdon in full ac- 
tivity and strength, and within the twelvemonth was 
presented with an heir, who, thanks to his father hav- 
ing been so nearly killed, was likely to have some- 
thing to inherit. 

The manufacturing of injuries has become a regular 
trade amongst a low class of practitioners — men who, 
although utterly ignorant of the elements of their pro- 
fession, have had no difficulty in learning what are the 
usual symptoms of a grave shock. The patient is 
sometimes a rogue, and deliberately misrepresents his 
feelings. Sometimes the nervousness that follows a 
railway collision leads him readily to embrace ideas 
suggested by questions put to him by his attendant. 



SENTENCES UP ON TEE BRITISH BANK DIRECTORS. \ §3 

The doctor has probably made a bargain by which he 
will secure to himself a percentage upon the damages 
awarded by the jury, which amount, the action being 
against a railway company, is certain to be paid. 

There is a specimen of this kind of medical man 
well known in our courts. When last I saw him he 
would not swear that he had not been the doctor in 
more than one hundred cases arising from railway ac- 
cidents, and he certainly could not have been selected 
for his knowledge, as he was unable to tell the nor- 
mal temperature of the human body. It is not likely 
that a majority of general practitioners have legiti- 
mately had half-a-dozen of such accidents under their 
care. 

Lord Campbell tried the case of the British Bank 
directors, charged with the falsification of accounts 
and various misrepresentations with a view to defraud 
the public ; and although greatly assisted by the open- 
ing of Sir Frederick Thesiger, to which I have already 
alluded, it does not detract from the ability with 
which he mastered and dealt with its complicated 
details. His summing-up seemed to me to be con- 
clusive of the guilt of all the defendants, although he 
recommended the jury to acquit one of them. They, 
however, were unable to realize any distinction be- 
tween the different parties, and convicted them all ; 
but whilst inflicting different terms of imprisonment 
upon the others, Lord Campbell did not punish the 
defendant in whose favor he had summed up. Speak- 
ing of this incident in his Diary, he says, " I let one 
of them off with a nominal fine because he was im- 
properly convicted." 



184 



LORD CAMPBELL'S DEATH. 



This was a very high-handed proceeding, and was 
severely commented upon, and motives not of a cred- 
itable character were suggested. I do not know 
whether there was, or not, any foundation for them, 
and therefore forbear to repeat them. The jury had 
throughout exhibited great intelligence, for which, 
before the verdict, they were highly complimented by 
the judge. I confess that it struck me that if the 
gentleman in question was entitled to be let off, the 
punishment of his companions could scarcely be 
deemed consistent with equal justice. 

I shall have again to refer to Lord Campbell in his 
position of head of Serjeants' Inn. The last time I 
saw him was on the afternoon of the day preceding 
his death. He was then Chancellor, and had, I be- 
lieve, been presiding in the Court of Chancery. He 
was walking sturdily towards his own residence, in 
apparently perfect health and vigor, and, although he 
had attained an advanced age, the news of his death 
occasioned universal astonishment. I had not heard 
that he had exhibited any failure of power or dimi- 
nution of intellect in the performance of his onerous 
duties, and certainly to the last he exhibited his un- 
tiring industry. 

He was, to my great satisfaction, succeeded b}^ Sir 
Richard Bethell, from whom I had already received 
many marks of kindness, and it was by his direction 
(he being Attorney-General) that I had been ap- 
pointed one of the counsel to conduct the prosecution 
of the British Bank directors; and it was from him 
also that I afterwards obtained what I venture to think 
was a bare act of justice-— a patent of precedence. 



POSTSCRIPT. 285 



POSTSCRIPT. 

I heard the following amusing anecdote in con- 
nection with an action against a railway, and, al- 
though the facts were not within my knowledge, I 
have no doubt of their truth. A stockbroker of 
the Jewish persuasion, equally famous for his wealth 
and benevolence, assisted a member of the same per- 
suasion with the funds necessary to carry on an ac- 
tion. This personage was carried into court, a melan- 
choly object, unable to walk, and destined to be' a 
cripple to the end of his days. He obtained very 
large damages. Not very long afterwards he walked 
into his benefactor's office, apparently in excellent 
health and spirits, to employ him in investing the 
damages. 

The very eminent surgeon Mr. Erichsen has pub- 
lished a work upon railway accidents, detailing the 
symptoms that may be expected to be exhibited in 
them. This I believe to be, amongst that class of 
practitioners whom I have described, a kind of 
vade mecum, and probably comprises their entire 
law library. 



CHAPTER XVII. 

I BECOME A SERJEANT. 

A S this chapter will, I fear, to ordinary readers be 
"*■•*• very dull, I have postponed it beyond many of the 
incidents that I have already related ; but as it refers 
to ,one of the most important events in my career, I 
must entreat their consideration and patience. I be- 
came a serjeant. The term is one that with the gen- 
eral public is surrounded with a sort of mysterious 
haze. Every one knows what a sergeant is in the 
body militant ; and a sergeant of police is viewed 
by the masses with mingled feelings of terror and re- 
spect. We all know that the one is dressed in red, 
the other in blue. But what is a serjeant-at-law ? — 
that is the question. Qnce, after I had attained this 
rank, I was counsel before a court-martial at Aldershot, 
and most hospitably invited to dinner at the mess — I 
think it was of the Welsh Fusiliers. When I presented 
myself and announced my name and title to the order- 
ly, he informed me, with a scornful air, that it was an 
officers' mess. As a matter of fact, we are only in- 
ferior in rank to a knight ; and formerly the position 
was a most important one, all the great judicial offices 
being filled from its ranks, and many a distinguished 
186 



THE RANK OF SERJEANT. 187 

name is recorded in its annals. The Queen's ancient 
Serjeant, the head of the body, was the foremost man 
at the bar. It was not until the reign of Elizabeth 
that Queen's Counsel were heard of; that arbitrary 
lady created the first in the person of Francis Bacon. 
These possess, however, no distinctive rank in society, 
but simply precedence in court. The Serjeants were, 
and still are, joined in the commission with the judges 
going circuit, which, until a comparatively recent date, 
was not the case with Queen's Counsel. Formerly 
they had exclusive audience in the Court of Common 
Pleas ; this is now abolished, and no fault can reason- 
ably be found with doing away with a restriction injuri- 
ous to clients and scarcely just to the rest of the bar. 
Upon the abolition of this privilege, the existing mem- 
bers of the court were placed upon a level with the 
Queen's Counsel in court by the grant of a patent of 
precedence. 

I have already alluded to what I considered a great 
grievance that I was subjected to by the refusal of Lord 
Chelmsford to grant me this rank. It had, subse- 
quently to the opening of the court, been granted to 
members of our body, and it could not be asserted that 
my business was not such as justified my application. 
Lord Campbell also passed me over, as he did Mr. 
Serjeant Parry, who had an equal claim, although he 
gave it to Mr. Serjeant Hayes, by which gentleman he 
sent a message that my claim should be considered on 
a future occasion. His death intervened, and I ob- 
tained the dignity from Lord Westbury, but not before 
the delay had been a considerable source of inconven- 
ience to me, if not of injury. 



183 PATENTS OF PRECEDENCE. 

I do not propose giving any elaborate account of the 
institution. My friend Serjeant Pulling has done so in a 
very able article in the "Edinburgh Review." x There 
was, however, one distinction between their rank and 
that of Queen's Counsel that ought to be mentioned — 
the latter could not hold a brief against the Crown 
without a license ; the coif was essentially a popular 
institution, and no such restriction existed. It is true 
that the permission may be obtained, and the value set 
by Her Majesty upon her counsel being, I believe, 11. 
5s. Qd., he can for that price obtain permission to serve 
the enemies of the State. This facility did not always 
exist, and I believe that the difficulty occasioned the 
employment of Mr. Serjeant Copley in the defense of 
Dr. Watson, the circumstances attending which I have 
already related. I cannot help thinking that it is a 
great pity that the order should have been practically 
abolished, which however is the case, although legally 
it still exists. The result has arisen from the discoun- 
tenance shown to it by later chancellors, their incon- 
sistency with regard to patents, and ultimately by the 
necessity for judges taking the rank, which formerly 
they were obliged to do, being abolished. 

I became serjeant in 1856, having been recom- 
mended by Sir John Jervis and created by Lord Cran- 
worth, and I was duly elected to the Inn attached to 
the society. 

The Lord Chief Justice (then Lord Campbell) pre- 
sided, and the business of the Inn was conducted by a 
treasurer, a post filled at that time by Mr. Serjeant 
Manning, Queen's ancient serjeant. In the biography, 

i The date of this extremely able and interesting article is November, 1877. 



MR. JUSTICE COLERIDGE. 189 

recently published, Lord Campbell has recorded his 
opinion of his brethren upon the bench and of the 
Serjeants. He had dined there only twice, but does 
not allow any want of self-confidence to interfere with 
the candor of his views. His words are : "My breth- 
ren of the bench are a most respectable set. I believe 
them to be superior to their predecessors who filled 
their places fifty years ago." 

It would occupy too much space to describe the 
different most learned and able judges who formed the 
subject of this commendation, but by some process of 
self-exaltation Lord Campbell upon more occasions 
than this has apparently assumed that the puisnes 
were a kind of inferior beings to himself. Amongst 
the names that occur to me are those of Mr. Justice 
Coleridge and Mr. Justice Erie, afterwards Chief Jus- 
tice of the Court of Common Pleas, both judges in the 
court over which Lord Campbell presided, and Mr. 
Justice Maule. The first-named, a most justly dis- 
tinguished judge, had retired before I had obtained 
much civil business, and I can only therefore speak of 
his conduct of this branch of the profession from hear- 
say, but I have always understood that he was a very 
learned lawyer, and had great confidence reposed in 
him by the profession and the public. I can, however, 
speak of him as having been counsel before him in 
many criminal trials, and I have no hesitation in say- 
ing that no judge ever presided with greater dignity, 
patience, and courtesy ; and if Lord Campbell had 
taken an example from him, he would certainly have 
given more satisfaction, both as a judge and a gentle- 
man. I may here venture to record a very trifling cir- 



190 MR - JUSTICE MA ULE. 

cumstance which exhibited, as I then thought and still 
think, great kindness of heart. In my early days I 
managed my voice very badly, and was accustomed to 
strain it too much, and having a case before him at the 
Kingston assizes, Mr. Justice Coleridge sent me down 
a note conveying a hint to me to avoid doing so, 
couched in very kind words. 1 

Of Mr. Justice Erie I shall speak hereafter, having 
seen more of him than of many of the other judges. 
I have had, however, many opportunities of forming 
an opinion of Mr. Justice Maule. I was very well 
acquainted with him, for in addition to practicing be- 
fore him we were members of the same club, the 
Union. He was one of Lord Campbell's respectable 
set, and certainly did not extend to the Lord Chief 
Justice even the modicum of praise accorded by that 
learned judge to himself. He entertained and con- 
stantly expressed for him the greatest contempt, and 
there is no doubt that Mr. Justice Maule did possess 
a much higher and nobler class of intellect. I used 
very often to dine with him, and was amazed at the 
variety of his knowledge, his acute grasp, and great 
reasoning powers. I have heard Sir John Jervis, who 
was chief of the court in which Maule sat, express 
quite as warm an opinion as I have done about his in- 
tellect. He was admitted to be a first-rate lawyer, 
and had been senior wrangler and senior medalist at 
Cambridge. 

His manner was cynical, but he possessed a kind 

'The last time I saw this learned judge was upon the Tichborne trial, 
when he had the satisfaction of seeing his son filling the office of Solicitor- 
General. 



THE ''EXAMINER." \§\ 

and humane disposition. He abhorred cruelty, and 
punished it with severity; but wherever he could find 
excuses in the natural feelings of the human mind, he 
always treated them with mercy. His jokes upon 
the bench were sometimes wanting in dignity, which 
laid him open to unfavorable comment. On one oc- 
casion a savage onslaught had been made upon him 
by Albany Fonblanque, the editor of the "Examiner." 
When told of it by some kind friend, he merely said, 
" Well, I can't understand it, I never <?id him a favor." 
Many good sayings are recorded of him, but they are 
more adapted to professional than general readers. He 
suffered dreadfully from asthma, and resigned his ap- 
pointment after a paroxysm from which he suffered 
whilst sitting in the House of Lords. 

The Serjeants escaped the negative pi'aise accorded 
to the judges. They were deemed by Lord Camp- 
bell to be entitled to something more positive, and 
his description of them is short and pithy. " The 
Serjeants," says he, " are a very degenerate race." 
At the time this good-natured and charitable descrip- 
tion was written I had not become a member of the 
body, but I should have been very happy to have 
shared their company. They were generally well- 
educated gentlemen, with an average of ability equal 
to any of the same number of members of the bar ; 
and, amongst them, there were those entitled upon 
many grounds to claim professional distinction. Mr. 
Serjeant Manning, the treasurer, was a very learned 
and distinguished lawyer, well versed in black-letter 
writings, and his opinions upon such subjects were es- 
teemed of great value. I can thoroughly well under- 



192 SERJEANTS MANNING AND STORKS. 

stand the contempt that Lord Campbell entertained 
for him, as he never knew how to turn his knowledge 
into profit. I cannot, however, but smile at the recol- 
lection of this gentleman. He was old himself when I 
j oined the Inn, and ably represented its antiquity. He 
was very strict in making us eat and drink after the 
manner of our ancestors; any relaxation gave him seri- 
ous disturbance, and I am afraid that my want of rever- 
ence caused him no small amount of heart-burning ; 
but after all, Tiis foibles were innocent enough, and 
might have been recorded by a kindly pen. Another 
degenerate was Mr. Serjeant Storks. To be sure, he 
was a gentleman and a wit. He was a good lawyer 
also, and led the Norfolk Circuit. It was no disgrace 
to him that a more powerful man, Sir Fitzroy Kelly, 
was too much for his calibre. When I first knew 
him his powers were somewhat impaired by age. 
He was a great admirer of men whom he called the 
giants. Lord Ellenborough was his idol. Of Lord 
Campbell he used to say that he had got on as much 
by trickery as by real merit, and that he was the great- 
est jobber that had ever flourished at the bar. As one 
instance of his accomplishment in this capacity, Storks 
used to relate, that in his reports Campbell, for the 
first time, published the names of the attorneys in the 
various cases, which he found led to useful introduc- 
tions. If degenerate himself, Serjeant Storks had the 
good fortune to be father of General Storks, the well- 
known and distinguished officer. Mr. Serjeant Hayes 
came within his lordship's list. He also possessed the 
qualities that probably entitled him to the description 
at Lord Campbell's hands, for he was a thorough gen- 



SERJEANTS PIQOTT AND GAZELEE. I93 

tleman, an accomplished lawyer, and a kind friend, 
but never succeeded in making a large income. As 
long as lie remained amongst the degenerates, he was 
the soul of the table. He was a leader upon the Mid- 
land Circuit, at the mess of which his conversational 
powers added greatly to the enjoyment of the mem- 
bers, and his kindness of disposition endeared him to 
every one. 

Lord Campbell himself, pitying his degeneracy, 
raised him to the ranks of respectability, in which 
atmosphere, however, he did not long survive. 1 

Mr. Serjeant Shee, another gentleman coming within 
Lord Campbell's category, was a Roman Catholic. 
He led with great power and success the Maidstone 
sessions, and, subsequently taking the coif, obtained 
a considerable lead upon the Home Circuit. He was 
a very able speaker, but somewhat heavy. He was 
certainly a scholar and a high-minded gentleman, but 
not having met with great success was entitled to the 
sneers of Lord Campbell. He too became a judge, 
but did not enjoy his promotion for any great length 
of time. He was greatly liked at Serjeants' Inn, and 
would have been respected in any association where 
gentlemen and lawyers met. He it was who defended 
Palmer in the case of which already I have given some 
account. 

One more degenerate, Mr. Serjeant Pigott, became 
eminent as a Baron of the Exchequer. He was a 
contemporary of Baron Huddleston, both of them 
being called upon the same day, and both of them 
leaders of the Oxford Circuit. He was much liked. 

1 He was created a Judge of the Queen's Bench and died suddenly at the 
Court. 

13 



194 I BECOME TREASURER. 

and if not a powerful man, was a thoroughly consci- 
entious judge. 

Upon Mr. Serjeant Manning's retirement, Mr. Ser- 
jeant Gazelee became treasurer of the Inn. This 
gentleman was the son of a judge. His father has 
been delivered to posterity as having presided at the 
famous trial of Bardell v. Pickwick. I just remember 
him, and certainly he was deaf. I believe him to have 
been a learned lawyer. His son was a man of good 
ability, and had the advantage of a college education 
and first-rate introductions. He was not troubled 
with much diffidence, nor did he extend extravagant 
praise to his fellow-creatures ; but as far as I know, 
he never behaved with unkindness, and I have heard 
of many generous and disinterested acts that he has 
performed. He was succeeded, I believe not imme- 
diately, by Mr. Serjeant Tozer in the office of treas- 
urer. In the year 1872, upon his resignation, I was 
elected in his place. I found that for some time past the 
expenditure had been excessive, and that many gross 
abuses had gradually crept in. I dismissed most of the 
servants, and made many alterations. I found that bet- 
ter entertainment could be supplied at a cheaper rate, 
and I remember with much satisfaction the cordial way 
in which I was supported by the judges and my brother 
Serjeants. Our little dinners in the hall, formerly a 
chapel, on the windows of which were emblazoned 
the arms of many old and distinguished members of 
the Inn, and upon whose walls hung the pictures of 
eminent lawyers, were marked by good temper and 
friendly feeling. I was elected annually until the year 
1875, when I accepted a retainer to go to India, and 



A PLEASANT MEMENTO. 195 

sent in my resignation, and my friend Mr. Serjeant 
Simon was elected in my place, but upon my return 
that gentleman resigned, and, being reinstated, I re- 
mained treasurer until the abolition of the Inn ; and 
now, although its duties are abolished, and its conviv- 
ialities are no more, the order still exists, and, if I 
have no other word inscribed on the roll of fame, I 
shall be recorded as the last treasurer of one of the 
most ancient, and at one time the most honored, of 
the institutions of Great Britain. As the order was 
virtually abolished, it was determined to sell the prop- 
erty of the Inn, which was accordingly done, and the 
last meeting was held on April 27, 1877, when the 
resolution recorded below was come to. 

Present — Lord Chief Justice Cockburn, Lord Chief 
Justice Coleridge, Lord Chief Baron Kelly, Mr. Baron 
Bramwell, Mr. Justice Brett, Sir Montague Smith, Mr. 
Justice Mellor, Mr. Justice Lush, Mr. Justice Den- 
man, Mr. Justice Grove, Mr. Baron Pollock, Mr. Bar- 
on Huddleston, Mr. Justice Lindley, Serjeant Parry, 
Serjeant Simon, Serjeant Wells, Serjeant Petersdorff, 
Serjeant Pulling. 

It was proposed by the Lord Chief Justice, and sec- 
onded by the Lord Chief Baron, and carried unani- 
mously, " That the cordial thanks of this meeting, on 
behalf of all the members of the society, be given to 
Mr. Serjeant Ballantine for his long and valuable serv- 
ices as the Treasurer of Serjeants' Inn, and that he 
be requested to select from the property of the socie- 
ty such a piece of plate as he may think proper as a 
substantial memento of the good feeling towards him 
of the members of the society." 



196 POSTSCRIPT. 

It would be very ungenerous on my part if I did 
not acknowledge my obligations to Mr. Serjeant Pull- 
ing, whose industry and research had much to do with 
the successful arrangements that were made, and who 
also received a piece of plate. Three of my brethren 
have passed away, Serjeant Parry, Serjeant O'Brien, 
and Serjeant Sargood, all men of ability. The first 
attained great distinction, Serjeant O'Brien not as 
much as his talents deserved, and Serjeant Sargood 
was one of the ablest of the advocates in parliamentary 
business ; and, although my meetings with the re- 
mainder are now, I am sorry to say, but rare, my feel- 
ings of respect and affection for them are undimin- 
ished. 

When I joined Serjeants' Inn I was compelled to 
leave the Inner Temple, into which society I have 
since been received back, and also am generously per- 
mitted to enjoy the hospitality of the bench table as 
an honorary member. 

POSTSCRIPT. 

The instructions received by Mr. Serjeant Shee 
in Palmer's case were very positive that no strych- 
nine bad been used, and, notwithstanding the strong 
evidence of the scientific witnesses, I cannot help 
believing that this was the case : there is no doubt 
that symptoms were detailed consistent with death 
from that particular poison, but they were related 
by ignorant people, who probably had their minds 
more or less imbued by the questions put to them. 
Brodie positively refused to endorse that view, al- 



POSTSCRIPT. 197 

though he had no doubt that the deceased had been 
poisoned. I have already expressed my opinion of 
Lord Campbell's direction in that case, and of the 
essential importance pointed out by him of not al- 
lowing charges of this character to drift into mere 
medical and scientific questions. 

I have omitted to mention Mr. Serjeant George 
Atkinson, who for a short time presided as treasurer 
— an amiable and thoroughly conscientious man, 
but with ideas upon the subjects of old institutions 
which were certainly not consistent with some of 
the ideas that prevailed in the inn. He retired 
after a time and went out to Bombay. I en- 
deavored to see him during the short time I stayed 
there, but was not successful. He was a most 
amiable gentleman, and good but pedantic lawyer. 



CHAPTER XVIII. 

THE GAKKICK CLUB. 

A GAIN in defiance of chronology, I am about to 
"^^ go back many years and describe another insti- 
tution. I could wish that an abler pen than mine 
would perform the task, nevertheless it is a labor of 
love : my theme is the old Garrick Club, then occu- 
pying a small, unpretending-looking house in King 
Street, Covent Garden. There was, however, no re- 
sort in London that could boast of attracting so much 
of brilliancy and wit. 

Named after Garrick, it was naturally sought by 
actors, poets, artists, and novelists, and members of 
the graver professions were only too glad to relieve the 
labors of the day by the society of all that was dis- 
tinguished in literature and art. Although I joined 
it early in my career, I was not an original member, 
and missed those convivial meetings that I have heard 
described, in which Theodore Hook, Barham, and the 
brothers Smith * shone and sparkled with so brilliant 
a light ; and when the memory dwells upon " Gilbert 
Gurney," the "Ingoldsby Legends," and "Rejected 
Addresses," I can imagine at times, when their au- 

1 Authors of the " Rejected Addresses." 

198 



FORMER MEMBERS OF THE GARRICK CLUB. 199 

thors met in the social smoking-room, there must have 
been an absolute surfeit of fun. Of Theodore Hook 
I am well able to judge, having, as I have already re- 
lated, frequently met him. I also knew Barham. He 
used to dine with a friend of mine named Walsh, 
delighting the guests with his refined humor. The 
Smiths I never have had the pleasure of meeting. 
But I must not gibbet myself as a " laudator temporis 
acti," for, although a new generation had sprung up 
when I joined the club, it was by no means an un- 
distinguished one. Dickens and Thackeray had made 
their marks, and they were broad and lasting ones. 
But of these writers I have already recorded my im- 
pressions. 

Stanfield and David Roberts were noble repre- 
sentatives of art. The former, the great painter of 
ocean beauty and grandeur, was not often at the club, 
and I can scarcely recall his appearance. But David 
was there constantly, when his kindly, good-humored 
face, remindi?ig one of a country farmer upon market 
day, would often expand itself at our pleasant gath- 
erings. I do not think that a greater favorite existed 
in the club. Charles Kemble was frequently there, 
but, alas ! no one could have recognized in his ap- 
pearance the gentlemanlike swagger with which once 
upon a time he portrayed " The Inconstant," or the 
mixture of fun, dignity, and embarrassment he had 
been wont to convey in " The Merry Monarch." If 
any of my readers would like to obtain an idea of this 
charming actor during his best days, there is an excel- 
lent picture of him in a scene with Fawcett and Maria 
Tree, in which he portrays Charles II. It hangs upon 



200 CHARLES KEMBLE AND CHARLES KEAN. 

the walls of the club : he was then the embodiment 
of life, but the light of those days had departed, he 
had become very deaf, and, like many people suffering 
from that infirmity, used every endeavor to make him- 
self hear. This was impossible, but others were fully 
informed of his thoughts ; and as these were occasion- 
ally far from complimentary to the hearer, his presence 
latterly in the club was looked upon with some appre- 
hension. 

Charles Kean was a most worthy representative of 
the drama. He, it is well known, was the son of one 
of the greatest and most original actors that ever lived. 
He was highly educated, and his tastes and feelings 
were refined. He set an example of most careful and 
laborious study, and, whether in a particular piece he 
attained success or not, he never spared time or pains 
to deserve it. There were some parts in which he 
was very successful. I think that his best effort was 
in " Louis XL," a play translated from the French. If 
he were alive, however, I would not venture to say 
that he excelled in melodrama, and certainly did not 
in Shakespeare. In the "Corsican Brothers " he was 
admirable, and in a translation of Carry's " Faust," in 
which he played Mephistopheles, I never saw any 
better performance. 

Upon its first night he deviated from the strict pro- 
priety that ordinarily characterized everything he did 
by offering to bet two to one in bishops ; but it being 
suggested that this would indicate a superfluity of 
such articles in his dominions, he excised it from his 
part. He was the most sensitive man I ever knew in 
my life. A great feud existed between him and Al- 



SENSITIVENESS OF CHARLES KEAN. 201 

bert Smith. The original cause I forget, but he had 
offended Albert, who put into some penny paper that 
a patient audience had endured the infliction of Charles 
Kean in "Hamlet" in the expectation of seeing the 
Keeleys in the afterpiece. One night I and a mem- 
ber named Arabin, the son of Mr. Serjeant Arabin, 
were talking with Albert Smith in the coffee-room. 
At the opposite side stood Charles Kean, scowling. 
Presently Albert departed. In about three strides 
Charles Kean reached us. "Richard," he said, in 
the most tragic of voices, " I never thought that you, 
my old school-fellow, would have consorted with that 
viper." Poor good-natured Dick had heard nothing 
of the quarrel. On another occasion it is related that 
he addressed an old orange -woman at his theatre 
whom he had discovered applauding Ryder, 1 who had 
been playing in the same piece with himself, in some-, 
thing of these terms, "Ungrateful wretch ! thou who 
hast eaten of my bread and enjoyed the hospitality 
of my roof, how couldst thou applaud that man % " 
But, after all, these were but foibles, and he was in 
all substantial respects a credit to his profession. 

I have already spoken of that little round object 
with a bald head and fresh-colored face, and some- 
what serious expression of countenance, no longer al- 
most a supernumerary, but now the very funniest of 
comedians, not trusting to grins and distortions, but 
thoroughly artistic in his comedy, Robert Keeley. 
There are many now upon the stage of equal ability, 
but none with the same characteristics. There are 

1 This gentleman had been a member of Charles Kean's company at the 
Princess's, and is still a well-known actor. 



202 SERJEANT D WLING—MOR G AN JOHN O CONNELL. 

some, but they are still alive, whose names I ought 
next to record, but as I am down amongst the dead 
men, and my living friends will feel no jealousy about 
precedence, let me mention poor Leigh Murray. 
What a promising actor he was, and how much courted ! 
It was unlucky for his future fame that he was so. 
He followed pleasure and sacrificed life. Albert and 
Arthur Smith — how sad to be obliged to class them 
in the death-category ! Their addresses had not been 
rejected, but their enjoyment of their success was 
only too short. Albert married the eldest daughter 
of Keeley, and she very soon followed him to the 
grave. There were plenty of lawyers, some still alive, 
but many of them have passed away. 

Ought I to say more than I have already done of 
Serjeant Talfourd— as genial in the club as in his own 
house, and qualified as member in every capacity that 
formed a claim for entering it? Another Serjeant 
was there also; he was not great, nor did he possess 
literary powers, but he was connected with the editor 
of " Bell's Life," who was, I believe, his brother. 
His name was Dowling, and he was once, when a 
junior, in a cause with Gurney as his leader. A wit- 
ness had been called and told to go down. " Allow 
me to ask a question," said Dowling. "Certainly," 
said Gurney, who would have snapped his head off if 
he had not been allied to a newspaper. He asked one 
single question. In the next Sunday paper a para- 
graph in the following words appeared: "Here Mr. 
Dowling rose and, with a most impressive tone and 
manner, asked the witness where he lived." Yet an- 
other let me mention of those who are no more — 



APPALLING ACCIDENT AT A FIRE. 203 

kindly, genial, good-natured Morgan John O'Connell. 
He was contented with his illustrious name, being 
nephew of the Liberator, and did not seek to add to 
its laurels; but everywhere he was a favorite. We 
witnessed together a most appalling incident ; it will 
never pass from my memory. We were seated one 
night at the club, when the whole sky became lighted 
up, and it was apparent that a large fire was raging. We 
started off in search of it, and found that it had broken 
out in some warehouses situated upon the south-east 
side of London Bridge. They had contained an im- 
mense quantity of oil, which escaped in a state of 
ignition and spread itself over the surface of the river, 
presenting to the eyes of the beholder a sea of flame. 

Some unhappy creatures in a boat approaching too 
near were sucked into the fiery gulf. We heard one 
horrible shriek, as if coming from a single voice, we 
witnessed arms struggling in unspeakable agony, and 
then the pitiless element closed over them forever. 
No picture of pandemonium has ever equaled the hor- 
ror of this frightful reality. It haunted me for weeks. 

From a sad scene, where could my thoughts more 
pleasantly wander than to Shirley Brooks, and my 
friend and brother Serjeant Parry, who was one of 
the most popular of the lawyers belonging to the club"? 
and, although not a member, I have often met Doug- 
las Jerrold there, the very bitterest of satirists and 
mosff epigrammatic of authors. Of Albert Smith I 
have already spoken. And let me end my obituary 
— how sad to think how long it is ! — with one celeb- 
rity, by no means the least valued or appreciated. He 
was almost an institution in himself, and pity it is that 



204 MR. HAMBLET, THE STEWARD OF THE CLUB. 

he was only mortal : it was Mr. Hamblet. He called 
himself the steward of the club, but this was only the 
modesty of a great man. He was its dictator, and 
reigned supreme. The sense of his position sat in 
placid dignity upon his countenance, as he moved about 
extending an occasional recognition to a favorite mem- 
ber. Sometimes, if he discovered any breach of the 
rules, a single frown upon his face made the culprit 
shrink abashed. For many years he ruled, and there 
were no rebels to his authority ; but at last he also 
yielded to the decrees of fate, and his like will ne'er be 
seen again. 

It seemed only proper that, after he had passed 
away, the old house should not long survive, and now 
the members of the Grarrick occupy a handsome edi- 
fice in a street named after it. Some of its rooms are 
very good, the drawing-room and the smoking-room 
particularly so : inthe former, the fine pictures of its ex- 
cellent collection are very advantageously seen ; and 
in the latter, there are upon the walls paintings pre- 
sented by Stanfield and Roberts, and some interest- 
ing ones by an artist of the name, I believe, of Haig. 
I doubt, however, whether the club is so cosy as it 
was ; although there are still members in it whom I 
knew in early days, and who will, I trust, long keep 
out of my former list. 

The stage could not be better or more honorably 
represented than by the veteran Walter Lacey, a ster- 
ling actor, always ready to do his very utmost to please, 
both in public and private ; excellent in some parts, 
and far above mediocrity in all he has attempted. I 
have known him well throughout the greater part of 



SIMPSON, HOLMES, FLADGATE, BRASSEUR. 205 

his career. Then there is my old friend Palgrave 
Simpson, accomplished as a writer, and almost unri- 
valed as an amateur actor. But what business have 
I to call him old ? He is as young as ever, and would 
have been without a rival were it not for Tom Holmes, 
to whom every accomplishment seemed to come by 
nature. History gives him many years of life, his 
appearance and talents much fewer. His last per- 
formance was in an amateur pantomime, where he 
delighted an immense audience, including royalty, by 
a wonderfully active and witty performance of Panta- 
loon. 

Of course in recording old reminiscences it would 
be impossible to forget Frank Fladgate, now, I be- 
lieve, the father of the club, and who, for all the years 
it has existed, and through all its changing scenes, has 
never made an enemy. No one of the present day is 
so conversant with the records of the stage and the 
lives of the greatest actors ; and it is a real treat to 
listen to his pleasant talk, and note his adoration of 
his beloved Shakespeare. 

One other of my oldest friends I must mention, and 
then adieu to the old Garrick. Not only in this club 
did I know Isadore Brasseur, but we were brother 
members of the Clarence, and we frequently met 
amongst mutual friends. He had been a professor at 
King's College, and in that capacity became known 
to the Prince of Wales, who has ever since exhibited 
towards him the most cordial affection. We do not 
now often see him amongst us ; but there is no lack 
of English friends who are glad to seek " Le Cheva- 
lier Brasseur " in his pleasant Paris home. 



206 POSTSCRIPT. 

And now vale valete. It would be an agreeable task 
to refer to other living members distinguished in lit- 
erature, in art, in the drama, in the army, and in my 
own profession ; but the catalogue would be too long, 
and so I have confined myself to a word or two about 
those only whom, dead or living, I have known and 
valued in the early days of the old club-house, and 
the estimation in which it is now held could not be 
better testified than that it boasts amongst its mem- 
bers His Royal Highness the Prince of Wales. 

POSTSCRIPT. 

Dick Arabin was a great favorite both at the Gar- 
rick and the Union Club, indeed in all places to which 
he resorted. He was the son of the quaint old gen- 
tleman who presided at the Central Criminal Court, 
and whom I have described in the sketch of that tri- 
bunal. The premature death of Charles Kean was 
attributable to the incessant labor he devoted to his 
profession, his anxiety to provide for relatives whose 
support he generously undertook inducing him to 
overtax a not very strong frame. 



CHAPTER XIX. 

INEQUALITY OF SENTENCES. 

A REFLECTION that forces itself upon the mind 
1 *~ of every one who has observed the machinery 
of our courts is how very much the fate of men and 
causes must depend upon the temper and disposition 
of those who preside ; there is such an enormous 
amount of discretion vested in judges, which might 
be limited, although it could not be abolished. I do 
not believe that a code could be so formed as to meet 
the multifarious requirements of our complicated state 
of existence; but I do think that in. certain matters 
grave scandals are created by the apparent inequality 
of decision's, and I think it would look better in the 
eyes of the public and be much more satisfactory for 
the judge if a certain sentence always followed the 
same verdict, and mitigating circumstances were left 
for the executive to deal with. This subject is a very 
large one, and it is not upon any assumption that I 
am capable of dealing with it that I have made the 
allusion I have done ; but it has arisen from thinking 
how very different in every mental feature was Sir 
Frederick Pollock, who became Chief Baron of the 
Exchequer after the death of Lord Abinger, from his 

207 



208 SIR FREDERICK POLLOCK'S EARLY CAREER. 

contemporary, Lord Campbell. I remember the former 
from the earliest period of my life, as Mr. Frederick 
Pollock. He lived opposite to our house in Serjeants' 
Inn. His elder brother David practiced in the old 
Insolvent Court in Portugal Street, where my father 
also endeavored to obtain business. Pollock was at 
one time member for Huntingdon, and Somersham, 
my mother's birth-place, being in the same county, as 
he rose in the profession, he was a man of mark in the 
eyes of my family. It also happened that in very 
early days I possessed a client and friend, Frank 
Betham, who entrusted him with his business, and oc- 
casionally gave me the junior briefs of which I have 
already recorded one instance. When franks were in 
use I was proud to obtain Pollock's signature. I have 
watched him in and out of office, and no one had more 
vicissitudes. A banker of Huntingdon named Veasey 
was his intimate friend. This gentleman occupied a 
house that once belonged to my mother in that town, 
and he also belonged to the Union Club, where I often 
heard him repeat the praises of Sir Frederick, who 
received the appointment of Chief Baron whilst con- 
ducting a case at the Central Court, of which hereaf- 
ter I have given an account, and I hope that I shall 
not detract from his dignity by saying that he did not 
conceal his delight. I look back to him with much 
affectionate regard, which may possibly bias my opin- 
ion ; but I am not afraid to assert that no stain ever 
found its way upon his escutcheon, and no charge of 
jobbery ever followed his well-deserved success. He 
was in fact an upright and honorable gentleman. His 
attainments were of a very high order. He took the first 



SIR FREDERICK'S DELIGHT IN MATHEMATICS. 209 

honors at Cambridge, and almost down to his death took 
delight in the most abstruse problems in mathematics. 
He belonged to a race of lawyers to whom the latest 
hours of night and the earliest in the morning pre- 
sented no impediment to study, and almost to the last 
he was fond of putting upon his letters the very early 
hour at which they were written. I am not quite 
sure that I must not attribute to him some small share 
of personal vanity, as he was accustomed to sit upon 
the bench nursing a very handsome leg and foot, and 
looking at it with great complacency. One of his nu- 
merous daughters was married to Mr., afterwards 
Baron, Martin, and the active, energetic, and power- 
ful mind of this gentleman possessed great weight 
with his father-in-law, and gave rise to some com- 
ments which certainly, as far as intentions went, were 
not deserved. 

There is always great difficulty in avoiding criti- 
cism, however honest may be the endeavor, when a 
successful advocate practices before a near connection. 
It has been my lot to be engaged before him in many 
cases. He possessed firmness and decision, and 
though sometimes hasty, he was never harsh or dis- 
courteous. I do not think a young counsel ever had 
to complain of injustice being done to him, and he 
thoroughly appreciated merit. Although solemn in 
his manner, both upon the bench and in society, I 
have heard him make the best after-dinner speech 
that I ever listened to, except from the lips of Dick- 
ens. Amongst the causes celebres that were tried be- 
fore him was that of the Mannings, for a very brutal 
murder in Bermondsey. It excited much attention al 
14 



210 CURIOUS INSURANCE CASE. 

the time, Mrs. Manning having been maid to a lady of 
distinguished rank, and having subsequently followed 
a career that made her somewhat generally known. 
I defended her unsuccessfully, as she was hanged ; 
and, although she was my client, I suspect she was 
the power that really originated the deed of blood. 
I was once counsel in the Court of Exchequer in a 
curious and interesting case. It was an action brought 
by executors against a life insurance company to re- 
cover the amount of a sum insured upon the life of a 
person who, it was alleged, was accidentally drowned. 
It appeared that shortly after the insurance had been 
effected he went down to Brighton, and stated to the 
people at the house where he put up that he was go- 
ing out to bathe, and his clothes were found upon the 
beach, but he himself did not return. His relatives 
claimed the amount of the insurance money. The 
company disputed the claim. Some little time after 
the disappearance, a body, in a partial state of decom- 
position, was cast on shore on one of the Channel 
islands. The parties interested did not feel the least 
difficulty in identifying the body as that of their lost 
relative, but, on the other hand, there were no natu- 
ral means by which it could have got from Brighton to 
the coast where it was found. Several witnesses were 
called upon this point, and I remember making the 
Chief Baron laugh by a very indifferent joke. A 
doctor had been examined, and some little delay oc- 
curred. My lord got impatient, and said, somewhat 
pettishly, "Who is your next witness, brother?" 
"Well, my lord," I answered, "having called the doc- 
tor, the next in order will be the undertaker." 



RAIL WAT A CCIDENT. 211 

The jury were ultimately discharged, and the claim 
was never renewed. Of its fraudulent nature there is 
not the smallest doubt. It was shown that in all cases 
of drowning at Brighton the body was cast back if the 
immersion had taken place near the shore, and the 
currents made it simply impossible that it could reach 
the spot where the body identified was cast. Sir 
Frederick had a very retentive memory for faces, and 
on one occasion that he was trying a case a little at- 
torney named Cyrus Jay was'a witness. This gentle- 
man, one etc., was not known in the higher profes- 
sional walks, and I fancy entered the witness-box with 
some trepidation. The chief, however, as was his 
habit, and is the habit of all experienced judges, 
scanned Cyrus very attentively, and, having heard his 
name, said, "Are you any relation of my old friend 
the Rev. Mr. Jay of Bath ?" " I am his son," said the 
witness. In subsequently telling this anecdote, Cyrus, 
added, "After that I felt I could swear anything I 
liked." In the case I am about to record I think that 
Sir Frederick Pollock laid down the law wrongly ; in 
the way, however, he directed the jury the verdict 
returned was the only one open for them to give ; but 
the history of it, for many reasons that I shall men- 
tion, is worth recording. It was an action against the 
Great Eastern Railway Company by a gentleman who 
undoubtedly had been seriously injured in an accident 
upon that line, and which had been occasioned by the 
fracture of the tire of one of the wheels of the engine. 

Now whether such a fracture could have been pre- 
vented by reasonable care is a question of great diffi- 
culty, and can only be determined by the evidence of 



212 OPINIONS OF SCIENTIFIC WITNESSES. 

engineers. These gentlemen have undergone an ap- 
prenticeship before committees of the House of Com- 
mons, and have learned to give plausible reasons for 
all the propositions they advance, and as counsel can 
rarely shake their evidence, he had better leave them 
alone, trusting to the same number of witnesses lie is 
instructed to call on the other side. It is then that 
Greek meets Greek. Engineers have more power, 
for the above reason, when in a witness-box, than other 
professional witnesses. The inside also of a bar of 
iron is more of a terra incognita than even the inside 
of a human body ; at all events there are fewer peo- 
ple who know anything about it ; but medical men 
who do not make a trade of being witnesses are fre- 
quently much embarrassed when called upon to give 
reasons for their opinions. They are accustomed to 
rule supreme in the sick chamber, and their judgment 
there is not disputed. Very likely they are right in 
their evidence, but are not the less embarrassed. I 
doubt much whether a parson who had preached the 
soundest of doctrine would be able to uphold it in the 
teeth of a rigorous cross-examination. I have been 
engaged in many cases involving mechanical and med- 
ical questions. In the former I have trusted to mem- 
bers of the same profession ; in the latter, generally 
to myself. In the case in question no fault was to be 
found with the wheel that had given way, but* two 
most eminent engineers, amongst the very highest in 
their profession, declared that they had seen the cor- 
responding wheel, which had not been removed from 
a siding upon the railway where it had been taken to 
after the accident, and that they had examined it with 



A SECOND ACTION BEFORE SIR A. COCKBURN. 213 

great care, and had discovered in it a fissure into which 
they could easily have placed the blade of a knife. 
One of them said he had actually done so. As the 
company did not anticipate any evidence about this 
particular wheel, counsel were not prepared with en- 
gineers upon the other side, who might have treated the 
fissure as totally immaterial, and the Lord Chief 
Baron, as I think improperly, held that its existence 
was evidence of negligence. Perhaps it was, but 
surely not negligence affecting the accident. How- 
ever, the jury found, as they were bound to do upon 
the ruling, a substantial verdict for the plaintiff', who 
had lost a leg. 

Another person injured in the same accident brought 
an action against the company in the Court of Com- 
mon Pleas, but in the interval the wheel alleged to be 
defective was exhumed and examined, and upon the 
trial it was produced, and it showed incontestably 
that there was not upon it either speck or blemish. 
An endeavor was made to discredit the fact that it 
was the same wheel, the engineers who had obtained 
the verdict in the Court of Exchequer reasserting 
and repeating their evidence. Thus it became a 
matter of fact and not of science, and Lord Chief 
Justice Cockburn, before whom the case was tried, 
so left it to the jury, and they, with scarcely a mo- 
ment's hesitation, found for the defendants. 

Whilst upon this subject, I may mention a case in 
which I was counsel for the same company, tried at 
Croydon before Chief Baron Kelly, and in which the 
tire of a wheel had given way, and much of the en- 
gineering talent of the country was called upon one 



214 DR- SUMNER, BISHOP OF WINCHESTER. 

side or the other. After a very long trial the compa- 
ny obtained a verdict. But the case is interesting 
principally from the evidence that was given in rela- 
tion to the smelting of the iron previous to formation 
into bars, showing how an almost perceptible grain 
of any foreign substance getting into the molten mass 
would create the nucleus of extensive injury, which, 
if not upon the surface, would be undiscoverable by 
any tests; consequently that the accidents that hap- 
pened to the tires usually occurred with perfectly new 
wheels, the old ones having had their capacities thor- 
oughly tested. 

Sir Frederick Pollock was very fond of the Home 
Circuit, and I have frequently had the opportunity of 
enjoying his great social qualities at Farnham Castle, 
the residence of the late Dr. Sumner, then Bishop of 
Winchester. It was a real relaxation to go from Guild- 
ford to this very beautiful spot, where the prelate 
extended to the bar the most liberal hospitality. His 
parties were rendered more agreeable by the guests 
from Aldershot, and young and old, red coats and 
black, met with the most cheery welcome, greatly 
enhanced by the accomplishments and courtesy of the 
ladies of the family. 

The bishop was very fond of his garden, and with 
him, and enjoying his simple thoughts and polished 
conversation, and sharing, as I did, his love for birds 
and flowers, I have passed many an hour that in a 
circuit town would have hung heavily enough. I have 
already mentioned David Pollock. He went out to 
Bombay as chief justice, and there died. Another 
brother, as is well known, was a most distinguished 
general, and received the thanks of his country foi 



CONCLUSION OF CIRCUIT. 215 

the services he performed. Sir Frederick retired from 
the bench, receiving the honor of a baronetcy, and 
making way for Sir Fitzroy Kelly. He was a con- 
sistent Tory, and passed through the different changes 
that the party underwent, and when at last he came 
to the front I fancy there were very few in the pro- 
fession that grudged him his good fortune. It is not 
a bad story that is told of him when upon the North- 
ern Circuit.' A gentleman named Alexander had a 
large leading practice, and it was noticed that Mr. 
Pollock, as he then was, always made complimentary 
allusions to him. Some one asked him how he could 
possibly do so. " Why," said he, "do you not per- 
ceive that if I did not keep Alexander in business, I 
should have that fellow Cresswell against me in ev- 
ery case f " 

When the Guildford assizes, the last place of the 
summer circuit, ended, I seldom lost much time in 
hastening abroad, and my steps seemed naturally to 
turn to Boulogne-sur-Mer. I was very fond of the 
place. It is now a good deal changed. The aboli- 
tion of imprisonment for debt has enabled most of 
the unwilling sojourners to return to their native 
shores, and thus it has lost the gayest and most care- 
less of its residents. At the time I am now recalling, 
most of them belonged to a little club, held in the 
Rue de l'Ecu. Taken generally, their original social 
rank was good, and their manners were easy and gen- 
tlemanlike. We played whist at franc points, and I 
need not say that no credit was asked for or given. 
One or other of the members would disappear for a 
time. It was understood that he was putting up at 
the "English hotel," by which name the debtors 



216 DEATH OF AN OLD IRISH OFFICER. 

prison was designated. If any of us were fortunate 
enough to have a run of luck, and win some five 
pounds or so, the club was deserted by the whist- 
players during the week following, whilst the lucky 
winner might be seen, probably for the only time that 
season, enjoying his dinner and Lafitte at one of the 
best tables dliote. One of the characters I remember 
was an Irish major^ a thorough good specimen of his 
country. He was a tolerably regular frequenter of 
the whist-table, and played an excellent rubber. He 
had a son, an officer of high distinction in the Indian 
army. Very precise was the major in his demeanor, 
and careful in his play. From the few words that 
occasionally escaped his lips, and from what was heard 
of him from other quarters, it was clear that he had 
moved in the higher circles, and had at one time been 
possessed of large means ; but he never either boasted 
or complained. We learned that after a short illness 
he had died in a solitary lodging, and also a sad tale 
of the poverty that surrounded him. The circum- 
stances which existed in India at that period prevent- 
ed his son from knowing anything of his position. 
When his desk was opened, a number of memoranda 
were found, showing that, however polished his asso- 
ciates may have been, they did not possess much 
honesty ; and there were signatures of some well- 
known persons to I O U's who might, if they had 
paid a tenth of what they owed him, have enabled 
him to live and die in comfort. 

Should the above lines meet the eyes of his son, I 
trust he will not feel that I have improperly drawn 
aside a curtain that ought to have been kept closed, 
but it has been done in no unkindly spirit. 



ALDERMAN KENNEDY. 217 

Amongst the figures that were not gay or thought- 
less, I well remember Alderman Kennedy, who was 
one of those convicted upon the British Bank trial, 
and upon whose face and in whose weary footstep the 
observer would discover hopeless despondency. Van- 
ity had been his ruin. He had by most honorable 
means realized a large fortune in India, and he be- 
lieved that he was equal to cope with the intrigue and 
trickery of the rascals of this metropolis. By his con- 
nection with the British Bank he sacrificed fortune 
and character. 

I knew him very well before his fall, a weak, pomp- 
ous, kindly-hearted man. He could not see any ele- 
ment in nature superior to himself. Oh, how wearily 
he trod those stones ! I sought to renew my acquaint- 
ance with him, but he rejected all my overtures. 
Poor fellow, sinned against, but having in truth no 
fraud in his own thoughts, he died in a foreign place, 
and the epitaph upon his tomb ought to have been — 
Victim of self-conceit. 

Charles Dickens was very fond of Boulogne, and 
on the occasion that I particularly remember him in 
the place, he occupied a villa upon the Calais road. 
Albert and Arthur Smith were also frequent visitors. 
They used to catch little fish in the harbor, as in for- 
mer days they did in the lake of Geneva. And I also 
met an old acquaintance of mine, an eminent physi- 
cian, Dr. Elliotson. He carried on his profession in 
Conduit Street, Regent Street, and had formerly en- 
joyed a very large practice ; but he became a convert 
to mesmerism, which he fancied could be made a val- 
uable agent in the treatment of disease. Unless a 
reformer can crush, he must be crushed, and EMiot 



218 DR. ELLIOTSON. 

son being an enthusiast and not an impostor, the holy 
war of etiquette was waged by his profession against 
him and ruined his business. 

Upon one occasion this gentleman, Charles Dick- 
ens, and myself started together in the packet from 
Boulogne for Folkestone. Neither of my comrades 
was a good sailor, and they knew it themselves. The 
illustrious author armed himself with a box of homoe- 
opathic globules ; and the doctor, whose figure was 
rotund, having a theory that by tightening the stom- 
ach the internal movements which caused the sick- 
ness might be prevented, waddled down to the boat 
with his body almost divided by a strap. The weather 
was stormy, and neither remedy proved of any avail. 

I frequently met Dr. Elliotson in society. He was 
a man of very varied attainments, and a great favorite. 
Amongst the houses at which he was a constant visit- 
or was that of a lady, Mrs. Milner Gibson, who at one 
time gathered around her a large circle, comprising 
most of those famous in literature, art, and the pro- 
fessions ; and here also every foreigner possessing a 
grievance and an unhappy country was always made 
heartily welcome. 

Dr. Elliotson was also a much valued guest at Mr. 
Justice Crowder's, where I used to meet him. This 
judge I remember with great feelings of pleasure, join- 
ed to regret at his comparatively early death. 

He had been on the Western Circuit with Cock- 
burn, and, being his senior in the House of Commons, 
might have contested with him the honor of the So- 
licitor-Generalship ; but he preferred the safer and 
easier position of a seat on the bench, which he filled 
with general respect and approval. 



POSTSCRIPT. 219 



POSTSCRIPT. 

If I obeyed the voice of some of my critics, I might 
without much difficulty add the dates to the matters 
I have related, and it is with no disrespect to their 
opinions that I still omit to do so. If the accuracy 
of any of the facts had been challenged, the "Anno 
Domini" might be necessary, but I cannot help think- 
ing that what is intended as a gossiping sketch, and 
claiming no controversial importance, would be rather 
impaired than improved by such a formality. 



CHAPTER XX. 

MURDER OF MR. DRUMMOND. 

TN the commencement of the year 1843, as a gen- 
tleman named Drummond was walking down Par- 
liament Street, he was fatally wounded by a pistol- 
shot, fired by a man of the name of MacNaghten, a 
Scotchman. It was clear that he was mistaken by 
him for Sir Robert Peel, whom it was his intention 
to have killed. As Mr. Drummond was a man gen- 
erally respected, and of the most inoffensive habits, it 
was not unnatural that a storm of indignation should 
arise against the perpetrator of the act, whilst the 
patience exhibited by his victim during the few days 
that he survived the attack added to the general sym- 
pathy of the public. 

MacNaghten was placed upon his trial for murder 
in the following February, Sir Nicholas Conyngham 
Tindal, Chief Justice of the Common Pleas, presid- 
ing. I have had occasion to refer to this judge, al- 
though not at any length, when giving an account of 
the Courvoisier trial. He was certainly not a man 
of startling characteristics, but upon the bench pre- 
sented a singularly calm and equable appearance. I 
never saw him yield to irritability, or exhibit impa- 
220 



TRIAL OF MACNAGHTEN FOR MURDER. 221 

tience. I should say in fact that he was made for the 
position that he filled, and sound law and substantial 
justice were sure, as far as human power could pre- 
vail, to be administered under his presidency. 

It required a judge of this calibre to control the 
violent feelings of indignation launched not unnatural- 
ly against the accused. Sir William Follett conduct- 
ed the prosecution, and the late Lord Chief Justice, 
then Mr. Cockburn, was retained for the defense. 

The facts were easily proved, and the only question 
that was in issue was whether the prisoner at the time 
of the commission of the crime was of sound mind, 
and the onus of showing the contrary practically de- 
volved upon the prisoner's counsel. 1 MacNaghten 
had been treated as a lunatic, and he appears to have 
imagined that Sir Robert Peel was bent upon his de- 
struction, which he intended to prevent by the assas- 
sination. There was no ground whatever for even the 
belief that Sir Robert Peel knew him. 

In a case not altogether analogous, but bearing some 
similarity to it, Erskine had made a most masterly and 
argumentative speech, dealing with the diiferent 
phases of insanity, and Cockburn in his defense of 
MacNaghten had the advantage of thatgreat advocate's 
views and treatment of the subject. This, however, 
did not detract from the merit of one of the most 
masterly arguments ever heard at the English bar. 
Several witnesses were called, and the facts that I 
have briefly stated were fully proved. Before the 
evidence was concluded, the Chief Justice appealed 
to Sir William Follett, who admitted that he must 

1 This is not so theoretically, as the indictment in terms declares the ac- 
cused to be of sound mind and understanding. 



222 DEFENSE OF INSANITY. 

submit to a verdict acquitting the prisoner upon the 
ground of insanity, and this verdict was accordingly 
pronounced. A storm of indignation followed it. 
Mad or not, the prisoner ought to have been hanged. 
Such was no uncommon expression, and a general de- 
nunciation of mad doctors, and some not very compli- 
mentary remarks upon lawyers, might notunfrequently 
be heard. This outcry resulted in a very singular 
proceeding on the part of the House of Lords, which 
had no precedent, and fortunately has never been re- 
peated. The judges were summoned by their lord- 
ships to express their opinions upon the law applica- 
ble to insanity in criminal cases. It seems to me 
surprising that they did not point out that such a pro- 
ceeding was extra-judicial, and that their opinions 
could only properly be given upon certain facts arising 
before them in their judicial capacity, and that what 
was asked of them was to make a law in anticipation 
of facts that might hereafter arise. The same proceed- 
ing also might be adopted in relation to any subject, 
civil or criminal. However, the judges went and sat 
in solemn conclave, but as might be expected, being 
called upon to found abstract opinions with no facts 
to go upon, they have not greatly assisted the admin- 
istration of justice. 1 

The important points propounded by the judges 
seem to be as follows : — 

" The only ground upon which an alleged lunatic 
is entitled to an acquittal is that he did not know the 
difference between right and wrong in the act that he 
committed" If they had proceeded to say upon what 

1 Mr. Justice Maule pointed out this difficulty. 



REFERENCES TO JUDGES BY HOUSE OF LORDS. 223 

principles this question was to be determined, some 
benefit might have arisen from their opinions. 

The judges further say, "that although a person 
may in a particular matter act under an insane delu- 
sion, and act in consequence thereof, he is equally 
liable with a person of sane mind." I presume this 
to mean that unless it be shown that the delusion de- 
stroyed his knowledge of the difference between right 
and wrong, which is to be discovered and proved in- 
dependently of the admitted delusion, he must be 
considered of sane mind. If these dicta are to be 
received as law, then a totally different principle gov- 
erns civil and criminal cases, and a person incapable 
of making a will or executing a deed may, neverthe- 
less, be liable to be executed for the commission of 
what in a sane person would be a crime. However 
startling this proposition is, it cannot be controverted, 
and it appears to me that the subject is one worthy 
of further consideration and much more careful an- 
alysis than has ever been applied to it. In the obser- 
vations that I have already made, and in those that 
follow, I do not pretend to lay down any proposition 
or dictate any solution of the difficulty, but merely 
wish to suggest certain matters that in the course of 
my practice have presented themselves, with a view 
of attracting the attention of men better informed 
and more experienced upon the subject. 

That insanity exists to a most deplorable extent is 
testified by the numerous establishments, both public 
and private, for the care of lunatics, and the question 
of how far mental derangement, admitted to exist 
upon a particular point, affects the conduct of an in- 



224 SINGULAR CLEVERNESS OF A LUNATIC. 

dividual beyond the scope of that point, is a subject 
worthy of the research both of medical men and law- 
yers. Doctors have introduced the term " uncon- 
trollable impulse," and an excuse has been sought un- 
der this term for violent bursts of passion arising from 
natural causes ; but may not such symptoms be also the 
result of insanity ? Have we not numerous instances 
in which under such influences the victims have de- 
stroyed themselves % It is not difficult to presume 
that they knew they were doing wrong ; and, indeed, 
the cunning that in many cases attends their acts in- 
dicates that they did ; but assuming one of the qual- 
ities of the sane human mind to be self-restraint, and 
supposing this barrier has been removed by insanity, 
ought the sufferer to be held criminally liable for his 
acts, although evidence existed that he was conscious 
of the difference between right and wrong? 

When Ravaillac assassinated Henry IV. of France, 
he believed that in doing so he was commending him- 
self to God, and as many enthusiasts at all times and 
in all countries have acted under such impressions, it 
would be a dangerous doctrine to declare that because 
the sense of right and wrong had disappeared, a crim- 
inal should be deemed irresponsible; and yet, on the 
other hand, an utter lunatic may possess a sense of 
right and wrong in many actions of his life. The 
case is well known of a madman who was cross- 
examined by Erskine ineffectually for some time. At 
last the counsel obtained the clue, and in answer to 
a question he put the witness said, "I am the Christ." 
Upon a subsequent occasion, when again cross-exam- 
ined, he carefully avoided the admission that had de- 



INFERENCES FROM AN INSANE DELUSION. 225 

feated him upon the former occasion. He was admit- 
tedly a lunatic, but certainly if he had been charged 
with a crime it might fairly have been contended that 
he knew the difference between right and wrong. 

As I have said already, a civil act is destroyed by 
proof that the person performing it was at the time 
subject to mental delusion upon one subject, although 
in every other perfectly reasonable. The only prin- 
ciple upon which this rule can be founded is that the 
mind is one and entire, and if diseased it is impossi- 
ble, whatever may be the external signs, to say to 
what extent, and in what direction, the disease ex- 
tends. If this be good reasoning, surely it is equally 
applicable to the mind of a person charged with a 
crime. I cannot think that, where an insane delusion 
is clearly proved, although numerous facts may be 
brought forward to show that the lunatic distinguished, 
up to the time of the offense, the difference between 
right and wrong, that he ought to be consigned to the 
gallows. The gout that has taken possession of a 
man's toe suddenly leaps to his heart. When a man 
believes himself to be the Saviour, how is it possible 
for human skill to tell what thought or opinion is 
likely to control any act of his life? The law must 
yield to the dispensations of Providence, however 
much prejudice and passion may seek to sway its 
administration. 

I was witness of the result of the outcry that Drum- 
mond's assassination occasioned in a case tried before 
Baron Alderson at the Central Criminal Court. That 
very learned judge summed up strongly for an acquit- 
tal upon the ground of insanity. The jury, however, 



226 CASE- OF MRS. RAMSBOTTOM. 

took the matter into their own hands, and convicted 
the prisoner. The judge made urgent recommenda- 
tions to the Home Secretary, but, nevertheless, the 
man was executed. It will not, I think, be uninter- 
esting to record here one or two cases involving these 
questions, and in which I have at different periods of 
my career been engaged as counsel. One of them 
was of a very distressing character. 

A lady of the name of Ramsbottom, the wife of an 
eminent physician, herself of middle age and gener- 
ally respected, was suspected of pilfering from a dra- 
per's shop in Baker Street, Portman Square. She 
was watched, followed, and her person was searched, 
and several small articles were found concealed in 
different parts of her dress. She was given into cus- 
tody, went through the painful ordeal of an inquiry at 
the Marylebone Police Court, and was committed for 
trial at the Middlesex sessions. At the period when 
this occurred, Mr. Serjeant Adams was the presiding 
judge. He was thoroughly impartial and knew all 
the law necessary for his position, but it was not very 
well packed in the receptacle of his brain, and the par- 
ticles constantly came out at wrong times and places. 
The case, however, could hardly have been confused ; 
the facts were perfectly clear, the whole of the lady's 
life, as far as its history was known, was not only free 
from reproach, but thoroughly rational. The only 
point that could be relied upon for the defense was 
that the articles stolen were so trivial that no sane ob- 
ject could exist for intentional theft, and the only sug- 
gestion that could be made in her favor was that she 
was not responsible for her actions, being compelled 
by an uncontrollable impulse, or, to use a technical 



MBS. BAMSBOTTOM'S TBIAL FOB THEFT. 227 

term, that she was the victim of kleptomania, not a 
very popular defense before a jury of tradesmen. 
However, after having been locked up for some hours, 
they were ultimately discharged without giving a ver- 
dict, a result arising probably more from compassion 
for the lady's husband than any doubt about the facts. 
I thought at the time that if, instead of laying a 
trap for her, the proprietor of the shop had conveyed 
a hint either to herself or to the doctor, it would have 
been the kinder course, and subsequent circumstances 
showed that in reality her conduct was attributable 
to insane influences, although certainly she knew thor- 
oughly well that she was acting wrongly. 

She died very shortly after the ordeal she had un- 
dergone, broken down in health and spirit with the 
shame and disgrace, and I was consulted, after her 
death had taken place, by Dr. Ramsbottom under the 
following circumstances. Every drawer and cupboard 
in the house was found to be full of new goods, which 
she must have been in the habit of abstracting'during 
many years, and I believe that in every instance they 
were contained in their original wrappers. Mrs. Rams- 
bottom was a religious woman, and I cannot doubt 
that every Sunday she listened with respect and 
veneration to the lessons taught in church, and fully 
realized the commandment of " Thou shalt not steal." 
And it is clear that she by the acts she committed in- 
curred danger and obtained no advantage. I advised 
Dr. Ramsbottom not to make the discovery public, 
and the articles found were distributed amongst differ- 
ent charitable institutions. 

Can any one doubt that insanity irresistibly con- 
trolled her conduct? 



228 CASE OF MRS. THWAITES. 

Many instances are upon record in which this ex- 
traordinary mania is alleged to have developed itself. 
And one case is known where an attendant always 
accompanied a lady of high rank when she went out 
shopping, and paid for the articles she stole. Sup- 
posing in any of these instances the parties had com- 
mitted a crime of a different description, would it be 
just to hold them responsible? The question is not 
unimportant, as such acts, if clearly proved, would, 
as the law now stands, invalidate a will. 

Certainly the most remarkable and interesting case 
connected with mental derangement, in which I acted 
as counsel, was in connection with a will of a lady 
named Thwaites. She died at an advanced age, leav- 
ing a very large fortune, which she bequeathed to 
different persons with whom she associated during 
her lifetime, and none of whom were her relatives ; 
and her next of kin disputed the will upon the ground 
that she was insane at the time of making it. 

She had inherited the fortune in early life, unex- 
pectedly, upon the death of her husband, and had ad- 
ministered it with judgment and discretion. She was 
neither niggardly nor profuse. She was charitable 
without being reckless, and kept her accounts, which 
were somewhat complicated, with accuracy and in 
excellent order. No restraint of any kind was ever 
placed upon her. She played whist, and, I am told, 
played it fairly well. She endured pain on different 
occasions with great resignation, 1 and moreover there 
was nothing extraordinary in the disposition of her 

1 Dr. Turner, an old friend of mine and a physician of great eminence at 
Brighton, gave me an account of her great patience under suffering. 



HER WILL SET ASIDE. 229 

property, as she had never held much intercourse with 
her own relatives. 

Unquestionably, however, she was guilty of some 
very extraordinary proceedings, and expressed some 
singular views. She asserted that she had been chosen 
by our Saviour to receive Him upon His return to 
earth, and that this event would therefore occur dur- 
ing her lifetime, and she indicated the reality of this 
belief by making very extensive preparations for His 
reception, principally in the upholstery Kne, and 
there was a great deal of absurdity exhibited in 
the arrangements she made. Lord Penzance, be- 
fore whom the case was tried without the interven- 
tion of a jury, held that her will was invalid. The 
circumstances of this case suggest reflections as to 
how far religious opinions, absurd and ridiculous 
as they may ajmear to others, are to be accepted 
as proof of insanity. The main idea, round which 
every thought and act rotated in her mind, was the 
approaching return of the Saviour to earth. This 
surely cannot be treated as insane. The notion that 
she was selected to receive Him might be the product 
of vanity and the misunderstanding of some of the 
mysterious passages that occur in portions of the 
Scripture, whilst the preparations she made were only 
the natural consequences of such a belief on the part 
of a person of utterly unrefined ideas ; and it is to be 
noted that she was a woman of no education, and from 
her earliest youth had been the object of fulsome at- 
tentions and flattery. 1 

1 Sir Roundell Palmer led me upon the first trial, and his speech is well 
worth the perusal of those who desire to look deeply into this subject. 



230 CONSIDERATIONS UPON INSANITY. 

But a grave doubt has occurred to me as to whether 
the belief in question really had full and undivided 
possession of her mind, and whether there was not 
rather a pride in putting forward the claim. She sac- 
rificed nothing of personal interest and Comfort, and 
never appeared to undervalue the good things of this 
world in consequence of the great honor that was in 
store for her. 

These speculations, however, are beside my main 
object in discussing the subject. For that purpose I 
assume that a delusion, utterly inconsistent with sanity, 
had taken possession of her senses, and that, therefore, 
she was unfit to execute any legal document. In 
what manner ought she to have been dealt with if she 
had committed what in a sane person would have 
been a crime ? Her whole life showed that she un- 
derstood the distinction between right and wrong, and 
if the issue left to a jury had been narrowed to that 
question, unless the fact that she was under a delu- 
sion upon the subject of the Saviour's returning to 
earth and becoming her guest could be treated as evi- 
dence that she was unable to tell right from wrong, 
she must have been convicted. 

I have been engaged in many cases of interest since 
the constitution of the Probate and Divorce Court, be- 
fore the three judges who have severally presided, 
and, amongst others, the very unhappy one of Lady 
Mordaunt. This unfortunate lady became insane af- 
ter a confinement, and continued hopelessly so from 
that period. This was an instance where the mind 
was entirely destroyed, and therefore it presented none 
of those difficulties which I have pointed out in other 



FORMATION OF THE PROBATE COURT. 231 

cases, and which. I venture to think deserve the at- 
tention both of those who make the laws and those 
who administer them. 

Having mentioned the Court of Probate and Divorce, 
this may not be an improper place to allude to its for- 
mation and the judges who have presided in it. When 
first constituted, Mr. Justice Cresswell, then a mem- 
ber of the Court of Common Pleas, was selected as 
its head, and it would have been difficult to make a 
better choice. He was a most able lawyer and a man 
of the world. He had been a successful leader at the 
bar, was an acute cross-examiner, and an utter despiser 
of all shams. He narrowly watched the demeanor of 
the witnesses who gave evidence before him, and 
usually formed just conclusions. I wish I could fin- 
ish my sketch without a word of reproach or blame, 
but, in justice, I must say that his manner was too 
often supercilious, thus detracting from his high quali- 
ties. At the same time he was eminently just, and 
never carried any feeling he might have shown against 
either counsel or witness into the comments that he 
made to the jury, and his perfect impartiality will, I 
am sure, be admitted and remembered by every one 
who knew him. He tried one very remarkable pro- 
bate case, in which I opposed a will propounded by a 
person named Smethurst, presenting features which I 
think are of a very singular character. This man suc- 
ceeded in upholding the will, which I attribute to one 
of the most admirable speeches I ever heard from Dr., 
now Sir Robert, Phillimore, who was his counsel. 

Lord Penzance, a Baron of the Exchequer, suc- 
ceeded Creswell, who died from the result of an acci- 



232 LORD PENZANCE— SIR JAMES HANNEN. 

dent. He possessed all the high judicial qualities of 
his predecessor, whilst his demeanor was most courte- 
ous to every one, and, if it was his duty to differ from 
counsel, he did so with good taste and gentlemanly 
bearing. He had mixed much in the world, and thus 
obtained that knowledge which in the Divorce Court 
is peculiarly required. It was a matter of sincere re- 
gret when, in consequence of ill health, he was obliged 
to retire from the office. 

It would not become me to discuss the merits of 
Sir James Hannen, the present presiding judge, but 
I may say that I have been engaged with and against 
him in many cases whilst he was at the bar, and I 
never knew a more conscientious or painstaking ad- 
vocate. 



CHAPTER XXL 

TEIAL OF BAEBEE AND FLETCHEE. 

T N the month of April, 1844, a trial took place at the 
*- Central Criminal Court which brought to light a 
very elaborate and complicated system of fraud. The 
parties alleged to have been engaged in it were a per- 
son of the name of Fletcher, who was by profession a 
medical man, an attorney of the name of Barber, and 
three women. The forgery of wills and the persona- 
tion of individuals was the basis of the different trans- 
actions. No doubt whatever exists as to Fletcher 
having been largely and criminally engaged in them ; 
but Barber alleged that he had acted simply in a legal 
capacity without any knowledge of the character of 
the acts. Fletcher also from the commencement en- 
tirely exculpated him, and there was nothing to show 
that he derived any profit except such as he was en- 
titled to for his professional charges. At the same 
time it was difficult to account for a shrewd man of 
business being mixed up in so many transactions as 
were proved against Barber without his having a sus- 
picion of their nature. The prosecution was conduct- 
ed by Sir Frederick Pollock on the part of the Bank 
of England. A very excellent lawyer of the name of 

233 



234 ATTACK OF WILKINS UPON BARON GURNEY. 

Graves (who is recently dead), with myself, defended 
Fletcher, and for him the only hope could be from 
some technical point, which, however, all the ingenui- 
ty and legal acumen of my leader were unable to dis- 
cover, and he was unhesitatingly found guilty. 

Barber was defended by Wilkins, a gentleman 
whose qualities I have already described. The judge 
who tried the case was Mr. Baron Gurney, who had 
obtained for himself the reputation of being very harsh 
and severe in his administration of justice, and cer- 
tainly his manner warranted the opinion. I do not 
remember that whilst presiding upon this trial he did 
anything that could invite censure ; but Wilkins made 
a most bitter attack upon him in the course of his 
speech. The words he used, as far as I can remem- 
ber them, were as follows : " There exist those upon 
the bench who have the character of convicting judges. 
I do not envy their reputation in this world or their 
fate hereafter." Mr. Baron Gurney was at this time 
an old man and in feeble health, and Sir John Bailey, 
who was one of the junior counsel for the prosecution 
and a great friend of the baron, told me that he felt 
the attack very much. I do not consider that the 
position of a barrister could justify expressions of such 
a character, and, although his client was acquitted on 
this occasion, I cannot help thinking that when he 
was subsequently tried on another case this attack 
was not forgotten. I can, however, very well remem- 
ber that early in my career it was with fear and trem- 
bling that I appeared as counsel before the object of 
them. 

Mr. Baron Gurney, when at the bar, possessed great 



BARON GURNET, HIS EARLY CAREER. 235 

power and cleverness in dealing with facts, a quality 
which also distinguished him upon the bench ; but 
certainly he had earned the reputation of being a very 
pitiless judge, and his manner at times was almost 
brutal, and already in these pages I have more than 
once expressed my opinion of how grave a defect this 
is in those who have to administer justice. 

In early life Mr. Gurney was nearly a rebel, but it will 
be more polite to describe him as having been a very ad- 
vanced Liberal ; as, however, he progressed in the pro- 
fession the vivifying light of Toryism began to affect 
his senses, and before he arrived at the bench high 
Church and State doctrines had taken firm root in his 
mind. He must often have lamented that when he 
named his children he had not been endowed with the 
spirit of prophecy, as certainly in that casefthey would 
have sailed under very different names than those of 
Russell, Hampden, and Sidney. The first of these 
gentlemen afterwards filled the office of Recorder of 
London • he possessed all his father's clearness and 
precision, with great gentleness of manner and kind- 
ness of heart. He did the greatest credit to the cor- 
poration who elected him, and it will be long before 
his loss is forgotten. 

After the acquittal of Barber, both prisoners were 
again put upon their trial for uttering the forged will 
of a lady named Ann Slack. In the interval, however, 
between the two trials a change had taken place. 
Mr. Justice John Williams presided, and Sir Freder- 
ick Pollock having become Lord Chief Baron, Mr. 
Erie, afterwards Chief Justice of the Common Pleas, 
conducted the prosecution. This gentleman did not 



236 MR - JUSTICE JOHN WILLIAMS. 

possess eloquence, and suffered from a slight impedi- 
ment in his speech, but was nevertheless a very acute 
and able advocate. As I was still representing Fletch- 
er, although his fate was sealed, I watched the con- 
duct of the case very carefully. Mr. Erie labored 
the strong parts against Barber, and contrived almost 
to make it appear that he was the fons et origo of the 
whole conspiracy. Wilkins made a very indifferent 
defense, and Mr. Justice Williams simply followed in 
the most servile manner the lead of the counsel for 
the prosecution. Both prisoners were convicted, and 
sentenced to transportation for life. As regards Bar- 
ber, the verdict was most unjust, for, without affirm- 
ing his absolute innocence, it is impossible to say that 
there was not very grave doubt as to his guilt. After 
Barber had been sent out of the country in pursuance 
of his sentence and had undergone great hardships, he 
was pardoned, and received some compensation. I 
often saw him during the short period that he surviv- 
ed his return, his tall form gaunt and haggard, and 
the sufferings he had undergone stamped upon his 
features. He must have been an object of pity to 
every one possessed of human sympathy. 

Johnny Williams, so every one called him, except 
when he was " my lord," had been one of the counsel 
for Queen Caroline, associated with Brougham and 
Denman. His knowledge of the Italian language was 
supposed to have been the reason why he was select- 
ed for that position, as he had not held any distinguish- 
ed place at the bar. I fancy his business was pretty 
much confined to criminal cases, in the conduct of 
which he had the reputation of sharpness and sagaci 



MR. JUSTICE ERLE. 237 

ty. He was much given to strong expletives, which 
in the following anecdotes I must be excused for 
omitting. 

Upon the trial of a prisoner for a capital charge, 
he had been induced by the urgency of an attorney, 
although against his own opinion, to ask a question, 
the answer to which convicted his client. Turning 
to the attorney, he said, emphasizing as may be im- 
agined every word with strong additions : " Go home, 
cut your throat, and when you meet your client in 

h , beg his pardon." Another story told of him 

is that a clerk, recently married, hanged himself. 
Another person who afterwards entered his employ- 
ment expressed a hope that Johnny would not be 
offended at his entering into the holy bonds of mat- 
rimony. " Certainly not," said he. " Marry by all 
means ; but when you hang yourself, do not do so in 
my chambers," which his former clerk had done. He 
was a capital shot, and whilst enjoying the sport upon 
some gentleman's preserves, and knocking over the 
birds right and left, the gamekeeper whispered con- 
fidentially to his comrade, " They tell me this 'ere 
gent is a judge. I'll take my Bible oath he has been 
a poacher." 

Mr. Erie became, as is well known, puisne judge 
in the Court of Queen's Bench, and afterwards Lord 
Chief Justice of the Court of Common Pleas. He 
possessed a very judicial manner, thorough indepen- 
dence, and an earnest desire to secure justice in the 
cases he tried. He was, however, very obstinate, and 
when once he had formed an opinion it was almost 
impossible to get him to change it. His experience 



238 LJTST CAUSE TRIED BY MR. JUSTICE ERIE. 

in life had given him but little knowledge of some of 
its by-paths. He put too much faith in outside re- 
spectability, and was almost as weak as some juries 
in cases where injuries were alleged to have been in- 
flicted upon women. Upon one occasion at Guild- 
ford, when I was engaged to defend a prisoner upon 
a charge of this description, I ventured respectfully, 
but strongly and earnestly, to allude to this, which I 
considered an infirmity of his mind, and I referred to 
cases in which I thought injustice had been done. In 
summing up he commented with a good deal of emo- 
tion upon my observations, but gave me credit for 
sincerity. In a former chapter I have alluded to this 
case, which resulted in an acquittal, owing to the im- 
pressive caution which, I venture to think, I caused 
him to introduce into his charge to the jury. 

I was counsel in the last cause that he tried, and 
his dealing with it illustrated what I have said about 
his want of knowledge of the ways of the world. It 
was an action arising out of the sale of a horse, for 
which my client had given three hundred guineas. It 
was a magnificent looking animal, and had been shown 
off by a very pretty girl before it was purchased. 
The horse was a screw, and the whole affair a plant. 
The Chief Justice was indignant at my defense. He 
could see nothing to justify the imputations I had 
made, and so he summed up. The jury, however, 
with very little hesitation, found in favor of my client. 
I met Erie leaving the court. He was greatly vexed 
at the verdict, and could not understand it. I told 
him that the parties probably were known to the 
jury, but I cannot help thinking that he felt his power 



BENEVOLENCE OF MR. JUSTICE ERLE. 239 

and influence were waning. His predecessor, Sir 
John Jervis, would have seen through the whole 
fraud in a moment. 

Whatever may have been his deficiencies, and al- 
though the Court of Common Pleas has been presid- 
ed over by most distinguished judges, none ever sat 
upon the bench who left behind him a higher charac- 
ter for the most unswerving integrity. 

He was a man of great benevolence, and I have 
heard many anecdotes indicative of his kindness of 
heart, and one example happened to come within my 
own knowledge. ' He was presiding in the Civil Court 
at Northampton, and was obliged to direct a jury 
against some poor people who had been scandalously 
but legally swindled. To them the result was abso- 
lute ruin. On the following morning an elderly gen- 
tleman on horseback made his appearance in the alley 
where the sufferers resided. This was Sir William 
Erie. He gave them some very good advice, and 
with it a sum of money that replaced them in their 
old position. 

Having, as I have already mentioned, a slight inv 
pediment in his speech, he had contracted the habit 
of looking into the air instead of into the faces of his 
audience. The effect of this was peculiar. After 
his retirement from the bench he went to live in the 
country, where he enjoyed himself for many years, 
and died at an advanced age. The last time that I 
saw him was when I was counsel in the Petersfield 
Election Committee ; the place was near his resi- 
dence, and he came over and took his seat beside Mr. 
Justice Mellor, who was the judge. I need not say - 



240 SIR JOHN KARSLAKE. 

that he was cordially recognized by such members of 
the bar as were present. I took the opportunity of 
quoting one of his decisions in the Court of Common 
Pleas which was, I fancy, bad law. Very quietly he 
got hold of the report from which I had quoted. Of 
course he could not interfere, but I fancied that his 
look was almost agonized when Mr. Justice Mellor 
decided the point mainly, I believe, out of respect 
for his opinion. 

Sir William Erie had been a member of the West- 
ern Circuit, and it is no unpleasing task to record the 
eminent men whose early professional life commenced 
upon it : Sir William Follett, Mr. Justice Crowder, 
Lord Chief Justice Cockburn, Sir Montague Smith, 
Sir Robert Collyer, and now Lord Chief Justice 
Coleridge. But not less in ability, and in all those 
qualities which make a man loved and respected, was 
a gentleman whose premature death has deprived the 
profession of one of its greatest ornaments. 

When first I met Sir John Karslake he was one 
of the gayest and brightest of a pleasant circle at the 
house of Mrs. Crealock, in Stanhope Place, Hyde 
Park. He speedily attained a very high position at 
the bar, and no rank was so exalted that he might not 
have fairly aspired to it. He broke down from over- 
conscientiousness. He was never satisfied that he 
had done enough for a client, and he wore himself 
out by labor and anxiety where an equally successful 
result might have been attained at a much less cost. 

I have been with him. in cases from which his at- 
tention never flagged, although his brain was being 
racked by the most horrible of agonies. No wonder 
he succumbed. 



POSTSCRIPT. 



241 



The last time that I was with him was in an action 
brought by, I think, the Italian Government against 
an English firm for breach of contract in the supply 
of boots for the army. He was suffering fearfully, 
and I was very anxious to relieve him of the work, 
which it was quite within my power to do, but I could 
not prevail upon him to accept the slightest help. It 
must have been some, though a sad, satisfaction to his 
oldest friend to offer the tribute to his memory which 
appeared lately in a morning journal, and which those 
who read it will admit was by no means overcharged x 

POSTSCRIPT. 

Since I published my former volumes I have again 
looked through the trial of Barber and Fletcher: it 
is extremely interesting, from having been one of the 
very few in which a reasonable doubt may not be en- 
tertained as to whether a man entirely innocent had 
not been convicted, and it is one also in which the 
power of advocacy was very signally exhibited. If 
the counsel had been reversed, the result would almost 
certainly have been different. It also shows how great 
is the effect of the reply of an able counsel in a case 
presided over by a weak judge. 

Really the least favorable conclusion that ought to 
have been arrived at against Barber was that he had 
been incautious. He was a poor man, and probably 
did not desire to look too deeply into the proceedings 
of one of his best clients. But the fact, clearly proved, 
that he received nothing beyond his proper costs, 
ought to have secured his acquittal. 

_ » A letter from Lord Coleridge referring to Sir John Karslake appeared 
in the Times newspaper of the date of October 10 1881 

16 



CHAPTER XXII 

CAMPDEN HOUSE FIRE. 

TN 1862 Campden House was a feature at Ken- 
*- sington. It was occupied by a Mr. and Mrs. 
Woolley, who received a good deal of company, and 
were said to be persons of wealth. The parties they 
gave would now be called aesthetic. 

Mr. Woolley was himself a confirmed invalid, his 
eyesight defective, and he could scarcely move about 
without the assistance of a valet. In the commence- 
ment of the above year, and in the middle of the 
night, a fire broke out upon the premises. It spread 
with singular rapidity, and consumed the whole of 
them with their alleged valuable contents. The prop- 
erty was insured in different offices to the aggregate 
amount of £30,000, and the companies disputed the 
payment. They alleged that Mr. Woolley was in dis- 
tressed circumstances, that the amount of property in 
the house was grossly exaggerated, and that he had him- 
self set fire to it in pursuance of an elaborate system of 
fraud. They alleged that his apparent feebleness was 
simulated for the purpose of successfully carrying it 
out. It was clear that if he really was the invalid 
he appeared to be, that their theory must be aban- 
242 



CAMPDEN HOUSE FIRE. 243 

doned, and if he were shamming that he must have 
contrived to keep up the appearance for a consider- 
able time before executing his contemplated design. 

He brought an action against the Sun Insurance 
Company, it being arranged that all the other claims 
should stand or fall by the result: It came on to be 
tried at the Croydon summer assizes, before Mr. Baron 
Bramwell. Mr. Bovill, myself, Mr. James, the pres- 
ent Attorney-General, and a Mr. Rosher were coun- 
sel for Mr. Woolley. Mr. Lush, the late Lord Justice 
(I forget who was with him), represented the com- 
pany. 

There were many circumstances that justified the 
resistance of the claims, and it was pretty clear that 
the result would turn upon the mode in which Mr. 
Woolley underwent examination. If he was playing 
a part, he was the very best actor that I ever saw. 
He was unshaken by the cross-examination, and his 
painful infirmities secured the sympathy of the jury, 
who found a verdict in his favor, which was not sub- 
sequently disturbed. 

A rather amusing incident occurred in connection 
with the case. The fire had broken out after mid- 
night, and a gentleman saw and reported it; but when 
the question arose of calling him as a witness, he pro- 
tested against our doing so, as it would inform some 
inquisitive connections where he was on that morn- 
ing, which, for some reason, he had a very strong ob- 
jection to. It occurred to me that his evidence might 
be admitted, and I sounded Lush upon the subject, 
and learned that there was a witness in his brief who 
had exactly a similar objection, and so we agreed that 



244 MY LANDLAD Y AT CROYDON. 

the two should pair off together, and we called neither 
of them ; and I believe that this benevolent arrange- 
ment prevented some little inconvenience in two do- 
mestic circles. 

The assizes for the Home Circuit were held every 
alternate year at Croydon, and for many years I was 
accustomed to lodge with two worthy old people, who 
kept a small shoemaker's shop in the High Street ; 
very honest they were, and kindly, and professedly 
Christians of great strictness, but of the not uncom- 
mon denomination of those from whose creed charity 
is expunged. I was engaged for the prosecution at 
an assizes many years ago of a young German charged 
with murder ; and for the purpose of tracing the al- 
leged murderer it was necessary to call the celebrated 
singer, Madame Titiens, who had afforded him pecun- 
iary relief after the commission of the act. I had 
known this lady for some j^ears, and always enter- 
tained the greatest respect for her character as well 
as admiration for her talents and accomplishments. 
She was extremely generous, and her own country- 
people especially were always sure of assistance. It 
was this reputation that had induced the accused to ap- 
ply to her. As is well known, the hotels during the as- 
sizes are very full, and I invited Madame Titiens and 
her niece to occupy my lodgings whilst she was wait- 
ing to be called. On the following day my old land- 
lady gave me notice to quit, saying "she would have 
no stage-playerS in her house." Madame Titiens had 
a pretty little residence in the Finchley Road, where 
I have often enjoyed most pleasant evenings. Amongst 
those whom I was in the habit of meeting was Siguor 



MADAMS TITIENS. 245 

Giuglini, the wonderful tenor. His career was bat a 
short one ; the climate of Russia and a habit he un- 
fortunately contracted of taking stimulants destroyed 
his nervous system, and for some time he was an in- 
mate of the asylum kept by my old friend Dr. Tuke 
at Turnham Green. But there was no hope of re- 
covery. Madame Titiens frequently called upon him 
there and took him out for a drive. He was perfectly 
harmless, and not discontented with his lot, express- 
ing himself grateful for the kindness he received from 
the doctor. He ultimately was sent into Italy, where 
he died. Many also were the pleasant parties in which 
I met Madame Titiens at the Star and Garter at 
Richmond, not then the great ugly staring barrack of 
a place that occupies the site where Mr. Ellis, the 
picture of a host, used to receive the guests. The 
old house was burned down. In itself it had not much 
pretension, but the garden behind was a perfect pict- 
ure of loveliness ; the small garden-rooms, with honey- 
suckles, jasmine, and roses twining themselves up the 
sides, with a lovely sweep of lawn, on which were 
scattered trees that had flourished there for many a 
long day, affording shade as well as beauty ; one mag- 
nificent spreading beech, itself a sight, and an avenue 
of limes forming the prettiest of walks at the bottom 
of the garden, with a view beyond : none fairer to be 
seen through the length and breadth of England. A 
company possessed themselves of it. To their eyes 
and imaginations nothing was so beautiful as bricks 
and mortar. The trees were in the way, and have 
been cleared off; in the place of flowers that seemed 
to flourish of their own free will, formal beds are stiffly 



246 DELANE— MOWBRAY MORRIS— BALFE. 

planted. The dear old lime-walk is supplanted by a 
terrace without an atom of shade, and which is not 
imjDroved by the perfume of the stables, over which it 
has been constructed. No modern improver can ever 
make Richmond otherwise than beautiful, but the love- 
liness of the Star and Garter is one of the things of the 
past. The very obliging manager of the hotel is not re- 
sponsible for the vandalisms that have changed the fair 
scene that existed into its present shape, and as far as at- 
tention and good fare will satisfy the visitor, he will 
have no reason to complain. On a Sunday at the period 
I speak of th e garden was usually crowded. Artists and 
singers, whose avocations kept them in London during 
the week, reveled in the landscape, and amongst them 
I have often enjoyed it ; and there were representa- 
tives of every other class, well-known figures of the lit- 
erary, political and social worlds. There was a party 
I well remember in connection with one of the most 
delightful days of many that I passed there ; it con- 
sisted of Balfe the composer, and his surpassingly love- 
ly daughter, whose career was only too short. She was 
twice married ; once to Sir J. Crampton, w r ho I think 
w r as our ambassador to the Court of Russia, and after- 
wards to a grandee of Spain, and died when quite 
young. Mow r bray Morris was another of the group. 
He w^as manager of the " Times" newspaper, and with 
him I was very intimate. I was his counsel in a case 
that caused him anxiety and pain, but ended success- 
folly for him. The fourth of the group in addition to 
myself was Mr. Delane, the editor of the same paper, 
and upon the shoulders of these two men rested the 
entire weight of its management. No one could be 



CHARLES LEVER. 247 

in the society of the latter gentleman without feeling 
that he was a man of the age. There was a quiet 
power in his conversation, his knowledge was very 
varied, and a vein of agreeable persiflage adorned and 
lightened whatever he talked about. The last time I 
met him was at a dinner party at Dr. Quain's, the 
eminent physician. 

At that time his mind had partially given way un- 
der the attacks of incurable disease, and it was pain- 
ful to witness how occasional were the flashes of an 
intellect that in former days was wont to shed so bright 
and lasting a light. On this occasion his brougham 
came for him at the time it had been his custom to go 
to the office, and he still had the idea that he was act- 
ively engaged, although the real editorship had passed 
into other hands. It seems so short a time since we 
live were stretched upon the grass plot in full health 
and spirits, and now I alone of all that party am left 
to recall it. 

Another of whom I am obliged to speak in the 
past, and with whom I have passed at the Star and 
Garter, as well as elsewhere, many a pleasant hour, 
was Charles Lever, the author of " Harry Lorrequer " 
and other works of fiction ; a bright, well-educated, 
witty Irishman. His stories at table were as amus- 
ing and improbable as many that came from his pen. 
I believe he was a member of the Garrick Club, but 
I do not remember ever meeting him there. I can- 
not recall whether it has been at some of the pleas- 
ant gatherings in those old days that I have met 
George Augustus Sala. Wherever it was, I know 
that he added fully his share to the joyousness of the 



248 SIGNOR AND MADAME ARDITI. 

party. Every one has read his graphic sketches of 
different phases of London life, and amusing details 
of travels abroad ; but not so many his very clever 
novel of the " Seven Sons of Mammon," which, I think, 
bears comparison with most of the fictions of the 
day. 1 Amongst others from whose society this pleas- 
ant resort derived an additional charm were Signor 
and Madame Arditi, with whom I was fortunate 
enough to form an acquaintance shortly after their 
arrival in this country, and I believe it was upon my 
invitation that they, for the first time, made its ac- 
quaintance, and, since that period, in their company 
I have often and much enjoyed myself. I have been 
glad, in concluding the brief sketch that I have vent- 
ured upon of this hotel, and after bemoaning the de- 
struction of honeysuckles and rose-trees, and the 
barbarous disfigurement of a favorite spot, and mourn- 
ing over departed friends, to be able to refer to those 
who are still living, and affording pleasure to a large 
circle of friends, and to express a hope that they may 
•long continue to do so. 

1 In it will be found the apprehension of his heroine, by a French detect- 
ive, on the Derby race-course, which equals, in skill and power, any sensa- 
tional incident that I have ever read. 



CHAPTER XXIII. 

evans's. 

|j ET me now change the scene and present my 

readers to one of a very different description. 

although there are many to be found here who might 

have been seen on the preceding Sunday enjoying the 

pleasures of the Star and Garter. 

It is the interior of a large hall, and the hour 
about midnight. The atmosphere is thickened by 
smoke. There are numerous tables, at which gen- 
tlemen are seated taking refreshments. The walls 
are covered with paintings of celebrated actors and 
actresses, and upon a raised platform at the further 
end of the room are some dozen boys singing with 
taste and accuracy a popular glee. Moving amongst 
the tables, upon legs rather shaky, a rotund figure 
with a rubicund face and yellow wig offers with much 
courtesy his snuff-box to the occupiers, hoping at the 
same time that they have been supplied with all they 
want. The hall is Evans's, Covent Garden. Since 
I last saw it, twenty years ago, it is much changed ; 
a handsome edifice is added to the long room of 
which it consisted when Colonel Newcome left it in 
disgust at the obscenity that went on. The owner 

249 



250 EVANS'S. 

of the snuff-box is the proprietor of the hall, and 
to him is due the change in its character that has 
taken place. It is conducted with perfect propriety, 
the amusements are refined, and the refreshments 
good and moderate. My readers will recognize Mr. 
Green, Paddy, as he" was always called behind his 
back, and by those who knew him well in speaking 
to him. Originally he had appeared upon the stage 
at the Adelphi, not, I fancy, in a higher capacity than 
a chorus-singer ; and in the days that I have previ- 
ously spoken of he sang at the old rooms, not, how- 
ever, any songs that were reprehensible ; although I 
must, I am afraid, admit that he was present during 
the time that they were sung, and when reminded of 
the improprieties of those days he would shake his 
head gravely ; but as he was a devout Catholic, I have 
no doubt he had obtained absolution. I used to take 
a great deal of pleasure in his conversation. He was 
possessed of a very retentive memory, and could re- 
late, and did so pleasantly, many scenes of London 
life. Artists, lawyers, writers, actors, and men of 
fashion congregated in the hall of a night, and in a 
corner of what once was formerly the old room, a 
circle of friends used to meet, and in cheerful and not 
unintellectual gossip, spend much agreeable time. 
Paddy was very proud, and might not unreasonably 
be so, of some who joined this group. 

There was also a gallery, the visitors to which were 
concealed by trellis-work, and to this ladies were ad- 
mitted, and here they could listen to the songs and 
eat suppers supposed generally to be confined to the 
other sex. Paddy also prided himself upon these 



HERR VON JOEL. ■ 251 

visits, and recorded with much gusto the names of 
distinguished guests ; and it was a well-known fact in 
the establishment that royalty had condescended to 
accept a pinch of snuif from his hospitable box. 1 

Another personage, scarcely of less interest than 
Mr. Green himself, was always to be seen in the 
rooms. He also wandered from table to table, and 
was received with a welcome by the habitues. He 
professed to sell cigars, but when the eye of his chief 
was not upon 'him, he would pull out of his pocket a 
well-worn card, and express a hope that the visitor 
would honor his concert which was shortly about to 
come off; but no one ever lived who witnessed it. 
This was Herr von Joel, once upon a time a popular 
singer in refined circles. 

He used to sing Swiss mountain melodies. He 
also whistled and imitated birds very naturally, and 
towards the end of an evening would give an amus- 
ing imitation of a farm-yard. He sang one night ; 
the next he did not appear, nor the next, and on the 
following we heard that he was dead. 

Mr. Green retired from its management, and it grad- 
ually sank in character. Now the building has become 
the property of a club to which has been given the name 
of the Falstaff, it is to be hoped that some of the old 
associations may be revived, and from what I know of 
the subscribers I think that the wish may be fulfilled. 

I was a favorite with Mr. Green, and one chair was 
always kept for me. I belonged to several clubs, but 
during the years I am now dwelling upon there were 
no meetings so convival as these, and the faces to be 

1 This gallery was only occupied by visitors known to Mr. Green, and was 
not open to the public generally. 



252 PADDY GREEN. 

seen in the room, even if the visitor was not in direct 
communion with them, were pleasant to behold. 
Thackeray was constantly there : he was not social, 
but people liked to be in apparent company with the 
great novelist. He sat apart generally, wrapped in 
contemplation. Charles Dickens would flit in only 
rarely, but always in apparently good spirits, and glad 
to respond to the many words of welcome he received. 
Albert Smith, after he had descended from Mont Blanc 
at the Egyptian Hall, never missed the pleasant re- 
union, and there were none who came amongst us 
more deservedly popular than he and his brother. I 
have met Douglas Jerrold there. To him I have be- 
fore alluded. I have seen him in company with men 
of great ability, but I never saw any one who, for a 
short period, sparkled so much ; but, meteor-like, he 
too sank into darkness. Shirley Brooks was often 
amongst us. . I need say no more of him than I have 
already done. A very constant guest was Robertson, 
the creator of a style of drama which, with the assist- 
ance of Mrs. Bancroft's talent, has filled with splendid 
audiences a theatre which for years before had wooed 
in vain the patronage of the public. Poor Robertson 
died only too early, almost before he could witness 
the triumphs of his sister, Mrs. Kendal, one of the 
most fascinating actresses of the present day. 

Quaint little Buckstone would sometimes hop in, 
and excite amusement and fun apparently without in- 
tention. I think it was here that I was introduced 
to Mr. Barry, an Irish barrister, since Attorney-Gen- 
eral, and now judge, and from whom I have since re- 
ceived a substantial mark of friendship. There was 



PRINCE MAXIMILIAN.— MR. BOULTBY. 253 

one amongst those I met who fills a melancholy space 
upon the page of history; I allude to Prince Maximilian. 
Paddy Green took me up to him one night whilst he 
was indulging in a tankard of ale, and introduced me 
to him very effusively, and we met on other evenings 
and drank beer together. He was very unaffected, 
although with a reserved manner. I cannot help 
thinking, though possibly this may result from after 
events, that there was upon the countenance of the 
future Emperor of Mexico a cloud that seemed to 
foretell his melancholy fate. 

And there was another, not so illustrious and not 
known to history, whose fate was fully as sad. This 
was Mr. Bowlby, a man of great ability, engaged upon 
the staff of the "Times" newspaper. He had suffered 
many troubles, about which he had consulted me, and 
I entertained for him a sincere friendship. One night 
very late we were seated together at Evans's ; on the 
following day he was to start for China, to which 
place he had accepted the post of correspondent with 
the English army. 

He was not in high spirits, and told me that it was 
only for the sake of those dependent upon him that 
he went. He sailed, as he had proposed, on the follow- 
ing day, and joined the army. Shortly after his ar- 
rival there was an engagement in which our troops 
had been victorious. My friend, with some compan- 
ions, rode on in advance of the main body, and being 
surprised were all of them taken prisoners by the 
Chinese. They were subjected to frightful tortures, 
from which poor Bowlby died. In the far distant land 
a monument has been erected to his memory, and the 



254 PLAN CHE.— CHA RLES MA THE WS. 

object for which he sacrificed his life has been attained 
through the liberality of those he served. 

It is only very recently that a well-known face is 
missing from the tables of those who love the society 
of artists, and, old as he was when he passed away 
from the scenes of his successes, his death caused sur- 
prise, for he had looked for so many years the same, 
his cheery spirits never seemed to flag, and he ap- 
peared to have defied the inevitable. 

This was Planche*. I knew him well and met him 
often. I suppose that in his long journey through 
life, although he met with great success, he never 
made an enemy ; and though many of his contempo- 
raries might be named whose literary fame is greater, 
very few have caused more amusement ! He was, 
moreover, fortunate in being associated with Madame 
Vestris, who seemed to be created to embody upon 
the stage, and even to give additional charm to his re- 
fined and elegant burlesques. 

There was another friend of mine who defied age, 
whose good temper and high spirits never flagged, 
who could have been an eminent architect, who was 
an accomplished painter, but who preferred the stage 
and its trials ; this was Charles Mathews. 

The fame of his father, and the popularity that from 
his earliest age he had himself obtained, secured him 
a reception on the first night of his appearance at the 
Olympic Theatre never before equaled by any actor. 
The promise he then gave he entirely fulfilled, and 
within six months of his death he drew large houses 
and played with vigor and spirit. I had a very agree- 
able meeting with him and his accomplished wife upon 



MISS PRISCILLA HORTON. 255 

one of my visits to Homburg, and I remember with 
pleasure a dinner that I gave to them at the Hotel de 
Russie, at Frankfort, and afterwards how the actor, 
who himself never failed when he desired it to excite 
fun and merriment, laughed most heartily at the tricks 
of a clown in a circus to which we all adjourned after 
an excellent repast. 

I have in a former chapter mentioned meeting Mac- 
ready, but I had no particular acquaintance with him. 
He was a conscientious manager, a scholar and a gen- 
tleman, but fractious and overbearing. Such at least 
was his reputation. I cannot say I think he was a 
good delineator of Shakespeare's characters. The one 
which, in my opinion, he played best was Prospero, 
in the "Tempest." I was present one night, the first 
that it was played at Covent Garden Theatre, when a 
young lady made her appearance in Ariel. She was 
wafted across the stage, and sang, with exquisite 
sweetness, the well-known song commencing "Where 
the bee sucks." This was received with rounds of 
applause, and practically raised her into the prominent 
feature of the play. This was Miss Priscilla Horton, 
then scarcely known, but who has since been continu- 
ously gathering laurels as Mrs. German Reed. I could 
not hope to recall to the memory of those who have 
witnessed the extravaganzas of Planche their effect 
upon the audience, or to give an idea of it to others 
who have not, without naming a performer who was 
of no small assistance to them. The most blustering 
he was of monarchs : his swagger conveyed a volume, 
and so did his voice, which he used with infinite effect 
and humor. The name of this gentleman was Bland, 



256 AN ACROBAT. 

and he, like Madame Vestris, seemed to have been 
created for the special illustration of Planches genius. 

In the allusions I have made to members of a pro- 
fession from all of whom I have met with much kind- 
ness, and amongst whom I have enjoyed so many 
pleasant hours, I need hardly say I have been gov- 
erned solely by the memories that have presented 
themselves to my mind, and not with any notion of 
exhausting the subject ; and I have not ventured to 
refer to those with whom I still have the pleasure of 
an acquaintance, lest the sincere terms I should be 
obliged to use might cause me to be accused of flat- 
tery. 

There are public performers who do not strictly 
belong to the theatrical profession, and with one of 
these I happened in a business matter to be brought 
into contact. He was an acrobat, and plaintiff in an 
action for breach of contract. I was much struck 
with the amount of simple truthfulness that he dis- 
played in giving evidence, and asked him to call upon 
me, which he did. I was curious to learn something 
of a life of so exceptional a character. He was a 
sinewy little fellow, and born into the world in the 
name of Martin, but he called himself Martini. His 
brother, he told me, was just dead, and he was look- 
ing out for another, not a real brother, but a profes- 
sional one. His last brother was named Jones, and 
he had fallen from the trapeze and broken his neck. 
"■ You see," he said in relating the story, "it is very 
difficult to get suited, as we may not know each oth- 
er's tricks." He was quite aware, he said, of the 
dangers of his profession, but then the salary was 



GYMNASTS. 257 

large, and he hoped to save enough in two or three 
years to retire. He ate no meat whilst under en- 
gagement, and never took stimulants at any time. 
He told me of some shocking accidents, where the 
sufferers were only crippled, and said that they were 
usually occasioned by the carelessness of the people 
employed in the performances. Exhibitions of the 
sort that this poor fellow described are a scandal to a 
civilized country. My friend, however, was by no 
means despondent, and considered his branch of the 
profession much higher than that of gymnasts, who 
did not risk their lives. Whatever we may think of 
the taste that encourages the latter class of perform- 
ers, their exhibition does not, at all events, shock hu- 
manity. My client won his verdict, but whether he 
succeeded in finding another relative, or what became 
of him afterwards, I never heard. I once remember, 
during a pantomime at Drury Lane, a great professor 
of what he called gymnastic art. He wore a mask 
of truly satanic appearance, and three urchins, rep- 
resenting imps, assisted him in his performance. I 
saw him between the acts in the green-room. His 
theatrical head was lying on a table. His own real 
one was very gentle and mild. The boys were tum- 
bling ; one of them performed an unusually good 
somersault. " God will reward you, my boy," he 
said, patting him upon his head. Turning to me he 
added, "They are good children. Their mother 
hears them their prayers night and morning." It was 
evident that there was real affection between those 
four, and that they felt no small pride in their monkey 
tricks. 

17 



258 MR - STERLING. 

I was inducted behind the scenes very early in my 
life, and have been told that I ran away from Miss 
Foote, the beautiful actress, when she wanted to kiss 
me. I have, however, never fully believed this story. 
I have since known much of the life behind the cur- 
tain and of the heart-aching that is concealed within 
the glare and tinsel exposed to the audience, and I 
believe that a very wrong estimate is formed of those 
who make part of the splendid pageant. The chorus- 
singers and ballet-girls are consigned, by the opinion 
of those who know little about them, to much unde- 
served obloquy. Of course, amongst them, as in all 
classes, there are those who merit this opinion, but I 
believe the majority are honest, hard-working girls, 
and that there is many a household saved from starva- 
tion by their patient industry. 

Those who have known Drury Lane Theatre as I 
have done for many years, before and behind the cur- 
tain, will have had great pleasure in the acquaintance 
of Mr. Sterling, for long the stage manager. He was 
not only most excellent in this department, but Avas a 
thoroughly kind-hearted though strict disciplinarian. 
He has confirmed the opinion that I have expressed of 
the character of t\\e employees. Mr. Sterling has recently 
published an amusing account of the actors and act- 
resses that he has known, and is the author of several 
pleasant farces. I met him at dinner shortly ago at my 
old friend's, Sir Mordaunt Wells, and had a charming 
gossip about former days. He told me a little story 
(hat [ilcascd me. It was of three young children who 
were fairies or angels in the pantomime last Christ- 
mas. It was on one of the bitter snowy nights, and all 



AN OLD PANTALOON. 259 

the vehicles were off the road. The eldest of the 
three was only eight years old. The two infants, each 
clinging to the arm of the elder child, set off to walk 
to Camberwell, and got there safely. How soon ne- 
cessity teaches courage and self-reliance ! Those who 
have read the Life of Grimaldi, edited by Charles 
Dickens, will have learned with what agony of body 
on the part of the performer roars of laughter from the 
audience are sometimes elicited. The career of these 
poor fellows is seldom long. Their great muscular 
exertions, and the draughts they are exposed to, soon 
bring on disease. The clown of one pantomime may 
not be seen in the next, but the motley is there, and 
no one asks for him who wore it last. There have, 
however, been some who have played for many con- 
secutive years, and I remember a Pantaloon with 
whom I often had a gossip, named Barnes. He was 
a very sober, decent fellow. Once when I was be- 
hind the scenes at Old Drury he told me, almost with 
tears in his eyes, that he was not to be engaged for 
the next Christmas. "And to think," said he, "that 
they have turned me off, although I have played for 
thirty years, and engaged a mere boy!" 

Before I close my theatrical recollections, I must 
relate an incident in which I placed a most distin- 
guished and highly respectable friend of mine in a 
very embarrassing position. He was induced, by a 
desire to add to his knowledge and by my persuasion, 
to accompany me behind the scenes during the per- 
formance of a pantomime. To him the sight was a 
novel one, and, doubtlessly engaged in admiration of 
some of the mechanical effects, he was unconscious 



260 AMUSING INCIDENT. 

of the flight of time, which I also disregarded. Sud- 
denly the scene was changed, and we found ourselves 
in a storm of carrots, cabbages, and turnips, which 
terminated the act, technically termed, I believe, a 
" general rally." 

I will not mention my friend's name, as in the 
minds of some highly conscientious people the con- 
tact with a stage cabbage would cause pollution. Not- 
withstanding this experience, once again my friend 
trusted himself to my care, to drive him home from 
a Greenwich dinner. The whitebait, somehow, had 
got into my head, and, like myself, my horses were 
somewhat fresh. We went at a spanking pace until 
suddenly brought to a standstill by the pole of my 
phaeton running through the back of a costermong- 
er's cart. My friend declared that I instantly fell fast 
asleep, and left him to pacify a furious lady, whose 
back had been placed in no small jeopardy. He suc- 
ceeded in doing so, and I never asked how. He al- 
ways had a way with the ladies. We reached home 
safely. There was an omnibus that got iuto our way 
near St. Martin's Church, but this peril we also es- 
caped, or the country might have lost a valuable serv- 
ant. 

Ought I to forget the first theatrical performance 
that I ever beheld, that tyrannical and brutal husband 
Punch ! I did delight, and half believed in him. 
Now, when I notice poor fellows whom I see wearily 
treading the street with the show upon their shoul- 
ders, I think of two pictures painted by a French art- 
ist, entitled " Avant et Devant" one representing a 
laughing audience in front, the other a starving wife 
and children behind. 



CHAPTER XXIV. 

ILLUSTEIOUS VISITOES. 

TN the month of June, in the year of our Lord 
A 1847 — I like to make the most of a date when I 
possess one — I received a visit at my chambers of a 
very unexpected character. It was from two person- 
ages who were then amongst the most noted in Lon- 
don society. One of them was Prince Louis Napo- 
leon ; the other the prince of dandies, Count D'Orsay. 
Of course I knew the former by sight, and with the 
latter I had some personal acquaintance from having 
met him at the house of a well-known physician, Dr. 
James Johnson, residing in Suffolk Place, Pall Mall, 
and with whose family I was upon terms of intimacy. 

The object of their visit was to consult me with re- 
lation to a fraud of which Prince Louis Napoleon had 
been made the subject. It appeared that a bill-dis- 
counter had, under the pretense of raising money for 
the Prince, obtained from him two bills of exchange, 
amounting to £2,000, the proceeds of which he had 
converted to his own use. 

The circumstances were explained to me, and, al- 
though there could be no doubt that the Prince had 
been swindled, the mode in which it had been effect- 

261 



262 LOUIS NAPOLEON. 

ed did not bring the perpetrator within the operation 
of the criminal law ; and this to the best of my abili- 
ty I explained, but I could not convince the Prince, 
who seemed quite unable to grasp the idea that the 
law of this country was not regulated by the Code 
Napoleon. They remained with me for some time, 
but my arguments had no effect. He reiterated his 
views with scarcely a change of expression, and seem- 
ingly could not get mine into his mind. Shortly after 
they had left, the Count returned, and expressed him- 
self thoroughly satisfied with the correctness and wis- 
dom of the advice that I had given, but said that it 
was useless to argue with the Prince ; that he was 
possessed with one idea upon the subject, and that 
nothing would remove it. He said that he himself 
was greatly annoyed, and with some embarrassment 
offered me a fee ; but I declined to treat our conver- 
sation in a professional point of view. We parted 
upon very agreeable terms, and I met him occasional- 
ly afterwards. 

It would be very presumptuous to assume that up- 
on so short an opportunity I should be capable of 
forming a correct opinion of the Prince's intellect, 
but there can be no impropriety in expressing the 
view left upon my mind at the time ; and this certain- 
ly was not favorable. It seemed to me that he shroud- 
ed himself with a solemn air as if he was thinking 
profoundly, but that it really arose from a slowness of 
comprehension. Whether or not the wild exploits of 
Boulogne and Strasburg and some other events of his 
subsequent career may justify this opinion, I leave it 
for historians to determine. He proceeded with the 



CO UNT U 0R8A Y. 263 

case, and the bill-discounter was committed for trial 
at the Central Criminal Court, which came on before 
Mr. Baron Alderson, a learned and very strong judge, 
and he at the conclusion of the counsel's opening ad- 
dress interposed and pointed out the difficulty which 
I had in my interview with the Prince attempted to 
explain. His counsel was obliged to yield to it, an 
acquittal took place, and a scandal was avoided. 

I have described Count D'Orsay as the prince of 
dandies ; and so he was. I never saw a man who in 
personal qualities surpassed him, and his dress de- 
served the epithet of artistic. Whether he was riding 
through the park, mounted upon a horse that seemed 
made to show off his handsome figure, and which he 
managed with a grace that did not in those days dis- 
tinguish his countrymen, or he was in the omnibus 
box at the opera, arrayed, I must admit, somewhat gor- 
geously, he always commanded admiration. 

The term dandy conveys to my mind, when asso- 
ciated with those of whom I have read — the Brum- 
mells and other characters of the Regency — by no 
means a pleasant impression. I should have expect- 
ed to see something grotesquely dressed, with cynical 
manners and offensive demeanor. 

Count D'Orsay was courteous to every one, and 
kindly. He put the companions of his own sex per- 
fectly at their ease, and delighted them with his varied 
conversation ; and I never saw any one whose man- 
ner to ladies was more pleasing and deferential; and 
I am not ashamed to record the fact that when, as 
occurred occasionally, he stopped and spoke to me in 
the park or elsewhere, I used to hope that some of 



264 BARON ALDERSON. 

my ordinary companions might witness me in con- 
verse with this " glorious creature." 

It was many years after the circumstances that I 
have detailed that I again saw Prince Louis Napoleon, 
and he had then by a wonderful concurrence of events 
attained the object of his ambition and prophecy. 
He was Emperor of the French. It was upon the 
race-course in the Bois de Boulogne that I then saw 
him when I was with a party of friends. He noticed 
me, and sent the Count de Morny to desire that I 
should be presented to him. He received me with 
great civility — I fancy his manner seldom reached 
cordiality — made no particular allusion to the circum- 
stances of our former meeting, but desired that my 
friends and myself should be accommodated in what 
I suppose was the royal stand. He was looking very 
ill and worn. I never saw him afterwards. 

Mr. Baron Alderson was a man worthy of more no- 
tice than I have been able to give him from any per- 
sonal experience. He is one of those designated by 
Lord Campbell as respectable, and that he deserved 
that character there is no doubt ; but he was in addi- 
tion a splendid scholar and highly cultivated lawyer. 
His manner was somewhat brusque, but he was a very 
humane judge, and, forming an opinion from what I 
saw of him, almost nervous when trying capital cases. 
I was counsel in two murder charges before him, in 
both of which he leaned strongly to the side of the 
accused. One of them was that of a young man, who 
was acquitted, though certainly guilty, and was after- 
wards practically proved to be so, being convicted of 
the robbery which the murderer only could have ef- 



MR. HUMFREY, Q.C. 265 

fected. Alderson's father had been a physician of 
great eminence at Norwich, one indeed of the lights 
of the profession. I was well acquainted with a son 
of the Baron's, a very agreeable, gentlemanly person ; 
but the combined talent of the two generations has 
centred in a female branch. 

The counsel who was selected to conduct the 
prosecution on the part of Prince Napoleon. in my 
place was a gentleman named Humfrey. He was a 
Queen's Counsel, and leader upon the Midland Cir- 
cuit. I knew but little of his forensic powers, but I 
was a witness to the gallant bearing he exhibited un- 
der a fearful trial, and happened to be associated with 
him almost up to the hour of his death. Some eighteen 
months previously he had been operated upon for can- 
cer. He continued to practice, and upon the occasion 
I am now referring to I was his junior in a cause be- 
fore Sir John Jervis in the Court of Common Pleas. 
Humfrey was suffering intensely, and obliged to 
conduct it sitting. I learned, whether from him or 
not I do not remember, that his daughter was to be 
married on .the following morning. He knew that 
his end was approaching, and his anxious hope was to 
live over this marriage. 

He left court at four o'clock, and shortly afterwards 
was found clinging to the rails of Westminster Abbey, 
was conveyed home, and died during the night. I 
am able to mention that the marriage which he so 
much desired to witness took place when the year of 
mourning had terminated. During the progress of the 
trial he told the Chief Justice that he had no hope, 
and that he was so sorry for his clerk. Jervis told 



266 SIR JOHN JERVIS. 

him not to trouble himself, and that he would pro- 
vide for him, which he did after Humfrey's death by 
giving him an office in the Court of Common Pleas. 

The operation to which I have referred was per- 
formed by the eminent surgeon whose name has al- 
ready occurred in these pages, Mr. Lawrence, who 
sent a report (of course without names) to the " Lan- 
cet." His patient, who used to read everything upon 
a subject he was so painfully interested in, recognized 
that it referred to himself. The concluding words of 
the report were to this effect : " The operation was 
most successful, and will, I trust, prolong life for 
twelve months." Another actor in this painful episode 
soon followed his friend. Sir John Jervis, a man of 
indomitable pluck, had but a feeble constitution, and 
it was very painful to witness his sufferings. He was 
a member, as well as Maule, whom I have already 
mentioned, of the Union Club, and I have seen him 
there almost in a state of suffocation from asthma. 
The incident that I have related of him was by no 
means the only one that exhibited his kindness of heart. 

I was counsel before Mr. Baron Alderson in the 
case of Sir John Dean Paul, the banker in the Strand. 
He was indicted with his partners, Messrs. Strachan 
and Bates, for embezzling property entrusted to them 
by their customers. Sir John was believed in by a 
large circle of confiding friends as the most devout of 
men, and the evidence upon the trial proved that he 
certainly was amongst the most fraudulent. They 
were all three found guilty. 

My old friend, Henry Allworth Merewether, who 
had an account with them, is credited with a good 



DISRAELI AND BULWER. 267 

joke in connection with their failure. After it had 
occurred he was coming down the steps of the bank- 
ing-house and nearly tumbled. A friend who hap- 
pened to be passing expressed a hope that he was not 
hurt. "Oh no," said he, " I have only lost my balance." 

About the period during which I received the visit 
that I described at the beginning of this chapter, there 
might be seen on most afternoons, driving up and 
down in Hyde Park, an elegantly appointed barouche, 
and in it two ladies, both strikingly handsome ; the one 
approaching middle age, the other was quite young. 
These were Lady Blessington and her niece, Miss 
Power. I knew neither of them, and only introduce 
their names as their house was the nucleus that at- 
tracted much of the brilliant society of the time, includ- 
ing the two personages who had honored me with a 
visit, and also two others, with one of whom I became 
slightly acquainted, and with the other I was upon 
terms of some intimacy. The first of these two was 
Benjamin Disraeli, the other Sir Edward Lytton 
Bulwer. 

I met the former upon two occasions, both at a 
comparatively recent date. The first was at a dinner 
party given by Lord Henry Lennox. He sat next 
but one to me at the dinner table, but I had no con- 
versation with him, and indeed he was very silent. 
Of course, I was interested in observing him, and 
pleased with the opportunity which I was afford- 
ed of being introduced to him. I met him once 
afterwards at a garden party 'of the Prince of Wales 
at Chiswick. He was with Lady Beaconsfield ; but 
although he spoke to me, I doubt very much whether 
he knew who I was. He left to join some one, and 



268 DR - QUAiN. 

not returning, I saw Lady Beaconsfleld to her car 
riage. I suppose that the sympathy exhibited by all 
classes and of every shade of politics during the ill- 
ness that terminated in his death has never been sur- 
passed. 

The etiquette existing amongst medical men was 
curiously illustrated upon this occasion ; but I con- 
fess that whilst I should be very loth to blame an 
adherence to rules that have been created both for the 
honor of the profession and the interest of the pub- 
lic, it is difficult not to feel that there are contingen- 
cies which would justify a deviation from them. I 
have reason to know that Dr. Quain entertained but 
little hope of the recovery of his distinguished pa- 
tient from the first, and in this instance it cannot be 
said that the etiquette of the medical profession in 
any way interfered with the most skillful treatment 
of so illustrious a patient. 1 

I was well acquainted with the brother of Lord Bea- 
consfleld from a very early period. He was a member 
of the Clarence Club. I also used to meet Montagu 
Corry, who not unfrequently joined the little corner 
that I have described at Paddy Green's ; and although 
I knew so little of Lord Beaconsfleld personally, I fan- 
cied that I could gather, from the terms in which he 
was spoken of by others, the clue to that affection he 
had the reputation of creating in the minds of all 
who had the pleasure of his intimate acquaintance. 

1 It is well known that a question arose about meeting Lord Beaconsfield's 
regular medical attendant, who professed homoeopathy. No one has more 
rigidly maintained the honor of the profession than Dr. Quain, whom I am 
proud to call my friend ; and the course of conduct he pursued was univers- 
ally approved. 



CHAPTER XXV. 

LOKD LYTTON. 

VyHEN Lord Lytton was Secretary of State for 
the Colonies, some papers were removed from 
the office in which they had been deposited. This 
had clearly been done surreptitiously, and it turned 
out that the person doing it had been actuated by some 
idea that he could obtain from their possession a per- 
sonal benefit. Lord Lytton was greatly annoyed. 
He thought that some reflection would be cast upon 
him for want of sufficient care, and he determined to 
prosecute the offender, who was given into custody, 
and after which I was consulted by his solicitors upon 
the subject. Lord Lytton requested that I would call 
upon him, which I did one morning at No. 1 Park 
Lane, where he then resided. I went at the time he . 
appointed, and found him at breakfast. 

I remember that he had several animals about him, 
amongst others a parrot, of which he appeared to be 
very fond. He had always gone in for artistic dress, 
and had shone in London another star with Count 
D'Orsay. If I remember correctly, he was even then 
somewhat deaf. I thought that he attached to the 
affair far more consequence than it really deserved, as 
it was quite absurd to suppose that any one would 
dream of blaming him. However, the man was sent 

269 



270 TRIAL AT THE CENTRAL CRIMINAL COURT. 

for trial at the Central Criminal Court, and was made 
the subject of a State prosecution. Sir Fitzroy Kelly, 
then Attorney-General, conducted it with his accus- 
tomed solemnity. Serjeant Parry defended, and in a 
very able speech made the most of the importance that 
had been attached to a very trivial matter. Baron 
Martin summed up against the prisoner, as in law he 
was bound to do, but did it in a way to show that he 
should have been glad if the law had been otherwise, 
and the jury accommodated themselves to his views 
by acquitting him. From that time I used very fre- 
quently to meet Lord Lytton, and upon several occa- 
sions dined with him, both in Park Lane and after- 
wards in Grosvenor Square. He was certainly a man 
well worthy of record in the history of his generation. 1 
As a statesman, he is the property of history. He 
certainly possessed the merit of being most painstak- 
ing, and, I should say, almost too anxious. As an ora- 
tor, his style was elaborate and his speeches most 
carefully prepared. The unfortunate infirmity of his 
deafness was a bar to his being an efficient debater. 
Of his literary works I, in common with the rest of 
society, am able to form a judgment. They were 
very popular, and generally exhibited much care, re- 
search, and knowledge, and his novels certainly pos- 
sessed what I may perhaps place too highly in the 
category of excellence, the power of amusing. It is 
difficult to imagine four writers of the period, all en- 
gaged in works of fiction, whose attributes were so 
entirely different as those of Thackeray, Dickens, 

1 A critic remarks that this latter observation is superfluous. I may, admit- 
ting this to be the case, I think, be nevertheless excused for making it. 



BELIEF IN THE SUPERNATURAL. 271 

Bulwer, and Disraeli, and the age is not to be despised 
in which they flourished. Of the two latter, it must 
be remembered that other pursuits than that of litera- 
ture principally occupied their minds. 

It is no small compliment to Bulwers dramatic 
compositions that several of his plays still hold pos- 
session of the stage. The principal parts, both male 
and female, have been played by the best of our act- 
ors and actresses, and still form the ambition of nov- 
ices. "The Lady of Lyons" and "Richelieu" are 
said to be stilted, but whenever they are performed 
by actors of intelligence they invariably command good 
audiences, and the play of " Money " is always pop- 
ular, especially in the " provinces." The best per- 
formance that I ever witnessed of " Eichelieu " was 
by Mr. Booth, the well-known American actor. 

Lord Lytton consulted me upon another matter in 
which he had acted upon very bad advice, and which 
was a source of great annoyance to him, and I am vain 
enough to believe that he placed considerable confi- 
dence in my opinion. I have upon several occasions 
remained with him after other guests had left. He 
was not a good conversationalist, as he was too didac- 
tic, and appeared rather to be giving a treatise than in- 
viting a discussion, but what he said was very instruct- 
ive as well as amusing. I noticed that he dwelt with 
great apparent pleasure upon the supernatural, and 
those who have read some of his works, "Zanoni" for 
instance, and "A Strange Story," can scarcely doubt 
that he was strongly impregnated with a belief in it. 
It is very interesting to note the number of remark- 
able men who have exhibited similar impressions 



272 SIR ASTLEY COOPER. 

They are rarely, if ever, boldly avowed, and are nearly 
always protested against ; but still the feeling creeps 
out, and it is also remarkable how willing the mass 
of people are to receive it with apparent concurrence. 

I suppose that no one thinks of calling " Guy Man- 
nering " a supernatural novel, and yet the main inter- 
est of the story turns upon a horoscoj)e cast by an In- 
dian soldier, whilst Meg Merrilies, one of the most 
powerful of the author's characters, is clearly endowed 
with a spirit of prophecy, and we have never heard this 
most charming of works of ficiton charged with im- 
probability. I am convinced that Mr. Const, whom I 
have before mentioned, a lawyer and a man of pleasure, 
one of all others whom I should have thought least cap- 
able of fanciful ideas, was fully possessed with the no- 
tion that he had lived before. He kept a diary, record- 
ing events in the Latin language, and once he lent me 
two or three pages which detailed some incident in 
which I was interested, and there I found a scene in 
the description of which he stated that he recognized 
every feature, and the actually spoken words, although 
he never could have witnessed it during his present 
life. When I was translating this aloud, he snatched 
the diary from my hand. 

I do not think it will be out of place whilst upon 
this subject to relate a story told of Sir Astley Cooper. 
I am not certain that it has not already been in print, 
but I know that I have had frequent conversations 
about it with his nephew. 

There had been a murder, and Sir Astley was upon 
the scene when a man suspected of it was apprehend- 
ed, and Sir Astley, being greatly interested, accom- 



SUPERNATURAL ANECDOTE. 273 

panied the officers with their prisoner to the gaol, and 
he and they and the accused were all in a cell, locked 
in together, when they noticed a little dog, which kept 
biting at the skirt of the prisoner's coat. This led 
them to examine the garment, and they found, upon 
it traces of blood, which ultimately led to the convic- 
tion of the man. When they looked round, the dog 
had disappeared, although the door had never been 
opened. How it had got there, or how it got away, no- 
body could tell. When Bransby Cooper spoke of 
this, he always said that of course his uncle had made 
a mistake, and was convinced of this himself; and 
Bransby used to add that, no doubt, if the matter had 
been investigated, it would have been shown that there 
was a mode of accounting for it from natural causes. 
But I believe that neither Sir Astley nor his nephew 
in their own hearts discarded entirely the supernatural. 

In relating these anecdotes I am only recording how 
men of great intellect may be affected by such cir- 
cumstances. I thought at one time that the last in- 
cident applied to the case of Patch, which I have told 
in a former chapter ; but although it may do so I am 
unable to substantiate it, and must leave it therefore 
upon no more solid foundation, than my memory of its 
relation to myself as having occurred during some 
portion of Sir Astley Cooper's early career. 

Lord Lytton was extremely interested in criminal 
investigations, and I could always obtain his attention 
when I related any of those in which I had myself 
been engaged, and in novels that he had written pre- 
vious to my acquaintance with him he had used the 
records of crime in their construction. A leading idea 
18 



274 FAUNTLEROY. 

in "Pelham," although the details were dissimilar, 
was suggested by the case of Thurtell, of which I 
have already given some particulars ; and there was 
a trial that took place at the early part of the present 
century. The history of a person named Wainwright 
had furnished incidents very similar to those related 
in the novel of "Lucretia." In that case the man was 
convicted of forgery and transported, but no doubt 
whatever existed that he had also been a practiced 
poisoner. 1 I have always thought that the prologue 
to this work was one of the most powerful pieces of 
writing that ever came from Lord Lytton's pen. He 
told me himself that the character of the banker in 
"The Disowned" was suggested by Fauntleroy, and 
those who remember the history of this man are aware 
that he was a voluptuary as well as a forger. Lord 
Lytton describes him also as a craven ; and I was able 
to relate an anecdote that showed that this apprecia- 
tion of his character was correct. 

At the time of the committal of Fauntleroy my 
father was a visiting justice at Coldbath Fields, to 
which prison he was sent. An old Bow Street officer 
— or runner, as these officials used to be designated 
— of the name of Vickery was the governor. A sus- 
picion arose that some one in the gaol had been tam- 
pered with to enable the prisoner to effect his escape, 
and my father assisted in the investigation of the cir- 
cumstances, and I learned from him that it was clearly 
proved that a ladder of ropes and other conveniences 
for escape had by some agency been supplied to him ; 
but, as was supposed by those engaged in the inquiry, 

1 Before his death he confessed to having done so. 



THE PORTLAND CLUB. 275 

his courage failed him, and he did not make the at- 
tempt. 1 

Although the " Disowned " is an excellent and in- 
teresting work of fiction, the author has, I cannot help 
thinking, been guilty of a slight slip in one of the epi- 
sodes contained in the work. A very graphic and 
amusing sketch is given of the arrest of the* banker. 
He is supposed, before the crash had taken place, or 
anything was known about its probability, to have 
gone disguised to the White Horse Cellar, to have 
asked for a letter directed in an assumed name, and 
on reading it pretended that he was suddenly called 
abroad, and ordered a post-chaise. A police officer 
— why or wherefore is not stated — is seated in the 
room, orders another post-chaise, follows the banker, 
and apprehends him at Dover, exhibiting an amount 
of sagacity that even in those days was more than re- 
markable. I ventured once to draw Lord Lytton's 
attention to the difficulty presented to my mind, but 
got no explanation, and he did not seem to me to be 
much pleased with the subject. 

Once when I was enjoying a somewhat confidential 
talk with him at the commencement of our acquaint- 
ance, I related an episode in my own life in which he 
seemed to take a kindly and sympathetic interest, and 
he afterwards embodied it with little alteration in one 
of his novels called " What will He do with It?" 

Lord Lytton was very fond of whist, and he and I 
both belonged to the well-known Portland Club, in 

1 I have since writing the above had the incident confirmed by a corre- 
spondent, who states that preparations had been made upon the Dover road 
to convey this criminal to the coast. 



276 LAST MEETING WITH LORD LYTTON. 

which were to be found many of the celebrated play- 
ers of the day. He never showed the slightest dis- 
position 0-' a gambler. He played the game well, and 
without excitement or temper, and apparently his 
whole attention was concentrated upon it; but it was 
curious to see that at every interval that occurred in 
the rubbers he would rush off to a writing-table, and 
with equally concentrated attention proceed with 
some literary work until called again to take his place 
at the whist-table. There was a member of the 
club, a very harmless, inoffensive man, of the name 
of Townend, for whom Lord Lytton entertained a 
mortal antipathy, and would never play whilst that 
gentleman was in the room. He firmly believed that 
he brought him bad luck. I was a witness to what 
must be termed an odd coincidence. One afternoon, 
when Lord Lytton was playing, and had enjoyed an 
uninterrupted run of luck, it suddenly turned, upon 
which he exclaimed, "I am sure that Mr. Townend 
has come into the club." Some three minutes after, 
just time enough to ascend the stairs, in walked this 
unlucky personage. Lord Lytton, as soon as the rub- 
ber was over, left the table and did not renew play. 

r J he last time I saw Lord Lytton was after I had 
ceased to be a member of the club, but was invited 
to dine there by a Mr. Dommett, a very old and 
valued friend of mine. It was shortly before Lord 
Lytton's death. He was about going into Devon- 
shire, and invited me to visit him there. I cannot 
remember whether he had just undergone or was 
about to undergo an operation with a view to ame- 
liorate his deafness. Unhappily, there was such an 



MACAULAY. 277 

operation performed, resulting in an abscess, which, 
suppurating internally, caused his death. This event, 
I am certain, created great commiseration in all the 
circles where his unaffected courtesy, as well as other 
qualities, rendered him a most agreeable companion. 

Amongst those who were cotemporary with Lord 
Lytton, and, like him, statesman, orator, and author 
— I am tempted to say novelist also, although such a 
description might be protested against — was Thomas 
Babington Macaulay, whose painting of his favorite 
hero William is just as fanciful as Walter Scott's de*- 
scription of Claverhouse in " Old Mortality." Fan- 
ciful, however, be it or not, it and other of his works 
have afforded to this, and will afford to generations 
to come, instruction and delight. 

It is not, however, to criticise his works that I re- 
call his name, but to mention that a very pleasing in- 
cident in my own life was making his acquaintance 
and traveling for three days in his company. He was 
with Mr. Ellis, an eminent lawyer and a friend of 
mine. We passed through some of the cities of Bel- 
gium. Every one has heard of his marvelous mem- 
ory and inexhaustible fund of information ; he de- 
lighted to impart it. There was no subject about 
which he talked that he was not eloquent and in- 
structive upon, and I did not at all regret that during 
the time I was in his company I myself was con- 
strained to preserve almost uninterrupted silence. 

In recording my recollections of Lord Lytton, I 
have not been sorry to introduce my readers to the 
Portland Club. It comprised amongst its members 
many well-known personages, with some of whom 
I was upon terms of intimacy. 



278 LORD HENRY BENTINCK. 

It was considered to be a play club, not similar to 
Crockford's and Graham's, as the games allowed were 
confined to such only as combined skill with chance, 
and, as I have previously mentioned, many first-rate 
players belonged to it. There was a dinner in the 
evening, which brought people together, and at which 
much good fellowship prevailed. The play at times 
was high, but a moderate game could generally be 
obtained by those who desired it. 

When first I entered the club my attention was at- 
tracted by an active, lithesome old man engaged in 
a game of billiards, which, considering his age, he 
was playing with wonderful power and skill. This 
was "the Squire" Osbaldistone. He had filled for 
half a century before I knew him no small space. in 
the sporting world, and it was not difficult to discover 
in him the weakness that had wrecked a fine fortune. 
Although few surpassed him in his knowledge of 
horses, and no amateur in riding them, and although 
he was a first-rate pedestrian, cricketer, and shot, he 
overestimated his powers in playing, as it were, against 
the field, and laid the odds on himself instead of ob- 
taining them. He bore his fate with apparent equa- 
nimity, and the lessons he had received did not seem 
to have in any respect lessened his opinion of himself. 

A very constant player at afternoon whist was Lord 
Henry Bentinck. His name, as may be remembered, 
was introduced with those of George Anson and 
George Payne upon the Lord de Ros trial, and by it- 
self would have been sufficient guarantee that no hasty 
or unconsidered charge had been launched against that 
unfortunate nobleman. 

I think that Lord Henry was a man of considem- 



LORD HENRY BENTINCK. 279 

ble intellect, but he was extremely reserved, and al- 
though I have met him at Lord Lytton's and else- 
where, he furnished but few opportunities for form- 
ing a judgment. He was a fine whist player, indif- 
ferent to the stakes he played, and a rigid adherent to 
the rules of the game, from which, as he understood 
them, nothing would induce him to deviate. 

An excited adversary might display by a gesture 
what he had in his hand, but it was lost upon Lord 
Henry; and if cards were exposed under his very nose, 
his eyes might see them, but it altered not his play. 
I can remember well a member, who did not so much 
respect accuracy in play as he did the result of it, 
gnashing his teeth at what he deemed the idiotism 
and folly of his lordship. There are many alive who 
may guess to whom I allude ; he himself is dead. 1 

I was once walking home with Lord Henry from 
a dinner party at Cavendish Square. He told me that 
Lord de Ros had received frequent warnings, but 
seemed blind to all of th em ; and from my perusal of 
the trial — I have heard about his lordship from other 
sources — I am convinced that Lord de Ros furnished 
an example of a mind in most respects sound and in- 
telligent, but subject to this one uncontrollable im- 
pulse. Lord Henry considered that no one surpassed 
himself in skill in any game that he played, but he 
told me that although in the long run he had been 
a winner, it was to a very trifling extent — saying, 
I remember, that he should have made more as a 
journeyman glazier ! 

James Clay, the recognized authority upon the 

1 A very friendly critic is mistaken in supposing that I join in the dis- 
approval. 



280 JOHN BUSHE. 

game of whist, was a member, and played frequently. 
There was an amusing rivalry between him and Lord 
Henry; each of them declared that the other knew 
nothing about the game. Mr. Clay was a great pro- 
ficient in all games of skill. He was champion bill- 
iard player amongst amateurs. His work upon whist 
was recognized as the great authority until " Caven- 
dish " rather supplemented it than wrote a new one. 
He might, however, be remembered for higher quali- 
ties than these exhibit. He was extremely well in- 
formed, capable of taking correct and forcible views 
upon most subjects. In the House of Commons, where 
he sat for the borough of Hull, he was much looked 
up to, and his house in Bryanston Square was the 
scene of many pleasant gatherings. 

One of the most amusing companions I ever met 
with, whether in this club or out of it, was John Bushe, 
not a young man when first I made his acquaintance, 
but full of life and good spirits. He was an Irishman, 
and the son of the well-known Chief Justice of the 
Irish Court of Common Pleas, a judge whose witty 
sayings somew r hat startled the decorum of the bench, 
even in times not famous for that characteristic. His 
son was bright and amusing, and his little parties in 
the Albany were always highly appreciated. No one, 
probably, had seen more of life in all its phases. In 
the early part of it he had been engaged in one or two 
" affairs of honor," as they w r ere called ; there were 
few Irishmen who had not been, but no one could be 
less prone to quarrel than he was, or who possessed 
a more perfectly even temper. He was a good player 
at most games, and, as may be supposed, very popu- 
lar in the club. 



GENERAL WINDHAM. 281 

There is still a figure that I recall, indeed it would 
be very difficult to forget it— Dr. Jones, father of 
" Cavendish," and himself as good a whist player as 
his son, the author of its rules, who also belonged to 
the club. 

I have frequently played a rubber with another 
member, whose name became famous during the Cri- 
mean war — General Windham. The gallantry uni- 
versally exhibited during that memorable struggle has 
prevented individual traits from standing prominently 
forth upon, many of the occasions on which they were 
exhibited ; but Windham was fortunate in the particu- 
lar event which has rendered his name celebrated, and 
even more fortunate in the eloquent and able pen that 
has connected it with the storming of the Redan. 
For this he is indebted to William Russell, of whom 
I believe I may say, without prejudice to others, that 
he created what has become an institution — the " mil- 
itary correspondent " to a newspaper. His career and 
his example have been ably followed, and it would be 
difficult to exaggerate the qualities necessary for the 
performance of the duties involved. It requires not 
only literary attainment of no mean order, but he must 
be a man possessing military knowledge, unflinching 
courage, and great powers of endurance. It was in 
an ardent desire to fulfill his duties that my poor friend 
Bowlby, as I have previously mentioned, became the 
victim of Chinese barbarity. 

I knew Russell well in the early part of my career, 
and before he had made his name famous ; and, al- 
though not thrown much into his society, we have met 
at the Grarrick Club and elsewhere during the inter- 
vals of his freedom from work. He, like so many who 



282 CRIMEAN WAR. 

bear honored names, is an Irishman, and it was through 
some of my friends belonging to that country that I 
first made his acquaintance. 

Kingston is an old friend of mine, and, apart from 
his professional merits, would, I am sure, enliven the 
dullest of campaigns. The reputation of Forbes and 
others cannot be enhanced by anything I say. I only 
regret that I do not possess the personal knowledge 
of them to enable me to add to the interest of these 
pages. 

The Crimea — nearly thirty years have elapsed since 
the name became famous in English annals. The 
reality of the war was scarcely dreamed of by its au- 
thors, and I do not believe that any such terrible con- 
flict was expected. I know that Lord Raglan, when 
he rearranged his insurances, stated with confidence 
that the expedition would be a merely military march. 

I remember the event in connection with its social 
aspect, and even at this distance of time I can recall 
happy young faces that before the event I have seen 
at the Garrick Club and at Evans's, and with the own- 
ers of which I have often enjoyed myself, who soon 
after found their graves in a foreign land. The w r ar 
made a sad clearance in many a place of amusement, 
but now that the pangs first experienced have become 
deadened by time, there is many a family reconciled 
to a loss that has left a noble fame behind. 

One of the most amusing evenings that I ever pass- 
ed in my life was with one to whom before the war 
1 had bidden good-bye, and who, having been upon 
nearly every battle-field through the campaign, and 
become the proud possessor of the Victoria Cross, had 
escaped without a wound — Colonel Goodlake. How 



MR. GREVILLE. 283 

he did escape is one of those marvels difficult to be ac- 
counted for, as he stood about six feet five in his boots, 
and presented a corresponding breadth of person. I 
dined with him tete-a-tete at the Tower on one night 
shortly after his return, and listened with intense in- 
terest to his simple but not less graphic details of the 
different fights, and his affecting account of deaths of 
lads whom we had both known. I was filled with 
admiration for the courage and endurance of our sol- 
diers, officers and men, and with a detestation and 
horror of what is called " the glory of war." 

It is a general trait of great men in all professions 
that they rarely blazon their own exploits, and this 
applies signally to those belonging to the military pro- 
fession. My old friend, Colonel Napier Sturt, himself 
a Crimean officer, when on guard at St. James's Pal- 
ace, gave me frequent opportunities of meeting his 
comrades at very agreeable dinnerparties, and of list- 
ening to anecdotes, serious and gay, of the campaign. 

Amongst the latter I was much amused by one told 
me, that an attack made upon a hamper of good things 
from Fortnum and Mason, which had suddenly in- 
vaded their quarters, invalided more men in the 
regiment than the fire of the enemy. 

At one of these entertainments I met Mr. Greville, 
whose " Memoirs" have caused so great a stir. He 
talked agreeably, but said very little, and seemed 
somewhat bored. I have read with great interest his 
recollections, and certainly his life ought to have fur- 
nished him with incessant enjoyment, mixing as he 
did with all that was famous and intellectual in socie- 
ty ; but if the entry he made in his diary when he at- 
tained his fortieth birthday was a true index of his 



284 EXTRACT FROM GREVILLE'S JOURNAL. 

feelings, the reader would be apt to exclaim, " All is 
indeed vanity !"/ 

1 The following is the extract referred to, April 3, 1834: — 
" Yesterday I was forty years old — an anniversary much too melancholy 
to think of. And when I think how intolerably these forty years have been 
wasted, how unprofitably spent, how little store laid up for the future, how 
few the pleasurable recollections of the past, a feeling of pain and humil- 
iation comes across me that makes my cheeks tingle and burn as I write. 
It is very seldom that I indulge in moralizing in this journal of mine. If 
anybody ever reads it, what will they care for my feelings and regrets ? It 
is no reason, they will think, that because I have wasted my time they 
should waste theirs in reading the records of follies that are nothing more 
than the great mass of the world are every day committing. Idleness, 
vanity, and selfishness are our besetting sins, and we are perpetually 
whirled about by one or other of them. It is certainly more amusing, both 
to other people and to myself (when I look back to what I have written), 
to read the anecdotes and events of the day than all this moral stuff (by 
which I mean stuff as applied to me, not as being despicable in itself), but 
every now and then the fancy takes me, and I think I find relief by giving 
vent upon paper to that which I cannot say to anybody — ' Cela fait partie 
de fii' doctrine interieure qu'il ne faut jamais communiquer ' (Stendthal). 
I am satisfied, and I will go to other things — the foreign or domestic scraps 
I have picked up." — Greville's Journal, vol. iii. p. 77. 



CHAPTER XXVI. 

CURIOUS TRIAL FOR MURDER. 

f AM about to tell a story, the circumstances of 
which would be thought improbable in a romance, 
and yet every word of it is true ; and there are inci- 
dents which I believe to be connected with it that 
would add to its strangeness, but which I suppress, 
because I do not possess the proofs requisite for their 
authentication. 

What I shall relate will disclose a series of blun- 
ders, the danger of placing too great reliance upon 
scientific testimony, and the want of a tribunal capable 
of revising decisions alleged to have been erroneous 
in criminal cases. 

The unfortunate victim was a lady of the name of 
Banks, who, at the date of my narrative, might still 
be entitled to be called young, and certainly was of 
that opinion herself. She was a member of a highly 
respectable family, and possessed of some £2000, en- 
tirely at her own disposal, and had some further ex- 
pectancies. She was not fond of the trammels of 
home life, and, preferring to reside at a boarding- 
house, she selected the establishment of a respectable 
lady at Bayswater, where also resided a medical man 
and his wife of the name of Smethurst, the former 

285 



286 BIGAMY. 

about fifty years old, the latter twenty years 'older. 
An intimacy sprang up between the doctor and the 
lodger, of which the mistress of the house did not ap- 
prove, and gave Miss Banks notice to leave, which 
she did upon November 29th in the year 18 — . The 
doctor also left upon December 12th following, and 
was married the same day to Miss Banks at Batter- 
sea Church. Oddly enough, no surprise was ex- 
pressed by the doctor's wife, and her position in the 
affair is very difficult to be understood ; it will cer- 
tainly be made apparent by the course of events that 
she was in communication with her husband and 
upon apparently affectionate terms throughout the 
events I am about to detail. Nothing more is known 
with certainty of the doctor and Miss Banks until 
February 4th, when they took apartments in one of 
the suburbs, where they remained until April 15th, 
living as man and wife, and upon leaving went to an- 
other residence in the neighborhood. It is to be re- 
marked that from the time of their removal in Feb- 
ruary, Miss Banks was apparently suffering from ill- 
ness, and Dr. Julius, one of the best known medical 
men in the neighborhood, was called in to see her. 
It must be borne in mind, in reference to statements 
subsequently relied upon by the prisoner, that no sug- 
guestion was then made by him that she was preg- 
nant, but he stated that she was suffering from a bil- 
ious attack. It would not, however, assist the gen- 
eral reader or help to develop the story to give any 
details of the symptoms then exhibited. 

Suffice it to say that Dr. Julius found, to his great 
astonishment, that none of his remedies produced 



POISONING SUSPICIONED. 287 

the slightest effect, and he felt confident that some 
agent was at work to counteract them. Naturally 
he was very loth to express such an opinion, and 
he continued to watch the case with great anxiety ; 
and, without mentioning his suspicions to his partner, 
requested that gentleman to take charge of the pa- 
tient for two or three days, which accordingly he did. 
At the end of that time he also was impressed with 
the same conviction, and declared his positive opinion 
that the lady was being placed under the influence of 
poison, thus fully supporting the view previously ar- 
rived at by Dr. Julius. 

Towards the latter end of April, the sister of Miss 
Banks was for the first time communicated with, and 
she at once came. Her evidence does not throw any 
light upon the case, except that she deposed that her 
sister's health was generally good, and that, although 
she occasionally suffered from bilious attacks, they 
succumbed readily to simple treatment. Her appear- 
ance at this time was so alarming that, at the sister's 
suggestion, another medical man was sent for, and 
one of the most eminent physicians of the day attend- 
ed and saw her on the last day of April. No com- 
munication was made to this gentleman of the suspi- 
cions entertained, but the first words he uttered after 
his examination were: "That lady is being poisoned!" 

A portion of arsenic was discovered in some vomit 
that was analyzed by the well-known chemist, Pro- 
fessor Taylor ; and this, joined to the absolute con- 
viction of all three medical men, induced one of them 
to apply for a warrant, and the pseudo-husband was 
arrested upon it. He was, however, by an utterly un- 



288 M ISS BANKS'S WILL. 

accountable blunder, released, the magistrates accept- 
ing his statement that his absence would kill his wife, 
and allowing him access to his apartment without su- 
pervision. His release, however, did not prevent the 
fatal result, for on the following day, May 3d, the un- 
fortunate lady died in great suffering. A post-mortem 
examination was held upon her body, and both arsenic 
and antimony were discovered in different parts of 
the intestines. It was proved by the landlady of the 
house in which she died that the supposed husband 
alone waited upon her, declining upon the ground of 
poverty (for which there was no foundation) to employ 
a nurse, and that no portions of the food sent up to 
their rooms were ever returned. In giving an ac- 
count of the illness and death of this poor lady, I have 
avoided details of a technical character as much as 
possible, but I think I have said enough to make my 
views intelligible ; and I have now to call attention to 
certain facts that must be taken in conjunction with 
the medical evidence to enable the reader to form a 
sound conclusion upon the case. 

On Saturday, the 12th of April preceding the 
death, the accused man went to a solicitor, and re- 
quested him to call at his lodgings the next day for 
the purpose of drawing out a will, at the same time 
showing; him the draft of one which he said a barrister 
had prepared. The solicitor objected to doing so on 
Sunday, but, being told that the lady was ill, consent- 
ed, if sent for, to come. His visitor called upon him 
again the next morning, and brought him to where 
he and Miss Banks were residing. The lawyer wished 
that a medical man should be present, but this was de- 
clined. The draft that he had seen before was jDro- 



COMMITTAL OF ACCUSED. 2 89 

duced; and a will was drawn up founded upon it, 
which left everything to the accused, and Miss 
Banks executed it, signing her maiden name. 

It was proved at the trial that in a box belonging 
to the prisoner were found subsequently many forms 
of wills, and also a letter, which for some reason had 
not been forwarded, directed to his wife, and which 
appeared to me one of the most significant incidents 
m the case. The letter was dated May 2d, and con- 
tained an intimation that he (the prisoner) had been 
prevented by circumstances from leaving for town so 
soon as he expected in consequence of his professional 
assistance being required by a patient on whom he 
was attending, and that, if anything unforeseen pre- 
vented him from leaving before the 11th, money should 
be sent to her for certain purposes, and concluded 
with the expression of a hope that he might find her 
quite well on his return, which he trusted would not 
long be delayed. 

I have already stated that Miss Banks died upon 
May 3d, and the supposed widower, who in the mean- 
while had unrestricted access to his room, being again 
taken into custody, was examined before a bench of 
magistrates, and finally committed to take his trial for 
murder at the Central Criminal Court, and in due course 
was arraigned before the Lord Chief Baron Pollock. 
It so happened that upon the second day of the trial 
a juryman was taken ill, the jury were consequently 
discharged, and the case was adjourned to a subse- 
quent sessions, when the same judge presided. I con- 
ducted the prosecution, and the facts as I have related 
them, but in greater detail, were proved. Mr Ser- 
19 , 



290 TRIAL BEFORE CHIEF BAR ON P OLL OK. 

jeant Parry, with whom was Mr. Giffard, defended, 
and two abler men could not have been selected. 
Medical practitioners were called by them to prove 
that the appearances detailed were consistent with 
natural causes ; and one gentleman, who had figured for 
the same purpose upon the Palmer trial, started a theo- 
ry to support this opinion. 

The Lord Chief Baron pointed out that it was not 
from isolated, symptoms that a conclusion could be 
formed, but by the aggregate of all of them joined to 
the independent facts of the case — the same doctrine 
in fact as that enforced by Lord Campbell upon the 
trial of Palmer — and the jury, as it appeared to me 
at the time, and I still think, came to the right and 
almost inevitable conclusion of the prisoner's guilt. 
A great outcry, however, subsequently arose, a medi- 
cal war was waged with great vigor in the newspapers, 
and petitions were forwarded to the Secretary of 
State. Two documents also were produced ; one a 
letter to Miss Banks's sister, and another an entry by 
the prisoner in a diary. The fact was suppressed 
that copies of both were in the hands of the prisoner 
at the time of the trial, and that I had offered to put 
them in evidence if it was desired on his behalf, and 
the Secretary of State was probably drawn into the 
conclusion that they had been kept back against his 
wishes. 

Ultimately the matter was referred to Sir Benjamin 
Brodie to report upon, and he obviously could only 
deal with it in its purely medical phase, and without 
the light thrown upon it by the other evidence. Of 
course no one on the part of the prosecution could in- 



PROFESSOR TAYLOR'S MISTAKE. 291 

terfere. The Home Secretary ultimately released the 
prisoner, who afterwards proved the will of Miss Banks 
and thus secured possession of her property. 1 

When the following facts are brought to the atten- 
tion of the reader, this result can easily be understood. 

It will be remembered that on the day before the 
death of Miss Banks, the accused man was given into 
custody, but released. Whether this could have been 
under any circumstances prudent, it is abundantly clear 
that either everything that could throw light upon the 
subject ought to have been taken possession of before- 
hand, or some watch placed upon the supposed hus- 
band ; but neither was done. He obtained access to 
his room, and I have very little doubt that he laid a 
trap, into which Dr. Taylor innocently fell. After the 
death, everything that the prisoner had allowed to re- 
main was secured, when it was noticed that the medi- 
cines supplied by the local practitioners were nearly 
untouched, but there was nothing to excite suspicion 
but one bottle filled with colorless liquid. This was im- 
mediately pounced upon; it was known that arsenic had 
already been discovered in the body, and so Professor 
Taylor set to work upon a portion of the liquid with 
the usual test for the discovery of that poison. This is 
called Beinsch's test, and consists in mixing a small 
quantity of hydrochloric acid with the liquid to be test- 
ed, and then dropping into it a piece of copper gauze, 
upon which, if there be any arsenic in the mixture, it is 
supposed to attach itself. Accordingly this was done 
with a portion of the liquid in question, but, instead 

1 After the pardon for the murder he was tried, convicted, and imprisoned 
for twelve months for bigamy. 



292 ORIGIN OF THE ERROR. 

of the gauze attracting anything, it became itself dis- 
solved. Another piece of gauze, and then a third met 
with the same fate : at last traces of arsenic did at- 
tach themselves to a piece of the wire which had not 
dissolved, and when before the magistrates the Pro- 
fessor, without explaining the difficulty that he had 
encountered, simply stated that upon analysis he had 
discovered arsenic. The remaining portion of the con- 
tents of the bottle was preserved, 1 and being subjected 
to a different test, turned out to contain no arsenic what- 
ever, but was a bottle containing a solution of chlorate 
of potash, and Professor Taylor ultimately found out 
that the arsenic he had discovered after so many trials 
had actually emanated from his own copper gauze, 
which had been dissolved in the early experiments. 

Although really the arsenic and antimony that had 
undoubtedly been discovered in the body rendered it 
immaterial whether any was contained in this partic- 
ular bottle, there can be no doubt that so terrible an 
oversight on the part of a man of great eminence was 
calculated to affect public opinion, and lead it to cast 
discredit upon the whole of the scientific testimony 
produced, and I have now to relate an incident in con- 
nection with it which will, I think, throw some light 
upon the origin of this most serious mistake. 

A physician, now of great eminence, who was pres- 
ent when the vomit was analyzed, and who gave evi- 
dence upon the subject of dysentery, of which he had 
obtained much experience in the Crimean campaign, 
forwarded to the solicitor who was conducting the 
prosecution a number of the " Lancet," containing a 

1 I well remember that upon the inquest Dr. Smethuret showe'l great 
anxietv ili.it this should he ilone. 



UNSATISFACTORY TESTS. 293 

letter from tlie prisoner, written some seven or eight 
years before, upon the subject of the extraction of teeth, 
and in this number, and upon the opposite page to that 
which contained his letter, was one of a series of lectures 
by an eminent chemist on the detection of arsenic, in 
which it was stated that wherever chlorates were used 
Reinsch's test would invariably be defeated. It was 
probably perfectly known to the prisoner that this test 
had been usually applied by Dr. Taylor, and I have 
never been able to make up my mind whether there 
was really any poison in the bottle, or whether it was a 
contrivance which had been arranged for the purpose 
during the interval between the prisoner's first and 
second apprehensions, with a view to the result that 
occurred; but, whatever was the intention, it undoubt- 
edly saved his life. 

It is due to the memory of Dr. Taylor to state that 
a doubt crossing his own mind led to the discovery of 
the mistake which was disclosed upon the trial, and 
did not really affect the weight of the evidence, or ap- 
parently the minds of the jury, it being shown that it 
would not affect the analyses of the vomit and intes- 
tines. It may not be altogether satisfactory to man- 
kind to mention that Dr. Taylor wrote to several of the 
most eminent chemists to obtain specimens of the gauze 
used by them in their experiments, and that it was in 
every instance found impregnated in the same way. 
The difficulty that presents itself to my thoughts is, 
why the presence of the chlorate was not ascertained 
before the test was applied. 

It is a pregnant example, however, of what I have 
been so anxious to enforce — that the speculations of 
scientific men, however eminent, ought never to be 



294 LETTER IN THE " LANCET:' 

made the basis of a case. They may and constantly 
do materially assist it. In the instances of Palmer 
and many others they were so far auxiliary to the other 
evidence that they showed it to be perfectly consist- 
ent with the natural conclusion that the facts them- 
selves had presented to all reasoning minds. 

The solicitor of the deceased was indefatigable in his 
exertions in the conduct of this case. His sympathies 
and indignation were both roused, and it occurred to 
him, in looking at the letter of the prisonerin the "Lan- 
cet," to see where it was dated from, and he found that 
it was dated from a street in the West End, where the 
prisoner was living with his wife, and practicing as a 
doctor. His brother carried on business as a chemist 
in an adjacent street. They both left somewhat sud- 
denly, after an event upon which the subsequent his- 
tory throws a somewhat ghastly light. 

A gentleman named Gr , thirty-three years old, 

accompanied by his wife, a young lady possessing 
some attractions, came to lodge at the brother's house, 
and shortly afterwards was taken ill ; he was attended 
only by the prisoner, the drugs being supplied by his 
brother. None of the invalid's family saw him, and 
some of them were refused admittance. He died, and 
shortly after both brothers disappeared from the neigh- 
borhood, as also did the widow. The certificate of 
his death described it as resulting from disease of the 
kidneys- No medical man's name is attached. The 
application of arsenic would produce symptoms that 
might be mistaken for this disease. No investigation 
seems to have taken place, and nothing was heard of 
the poor fellow's wife until the period between the 
two trials of the prisoner, when the solicitor received 



SUSPICIOUS CIRCUMSTANCES. 295 

an extraordinary communication through an equally 
curious channel. A lady sitting in the gallery during 
the first trial made some remark to a neighbor favora- 
ble to the prisoner, when that person said, " Oh, he 
is guilty ; he is one of a gang of poisoners." 

The lady asked what she meant, and received a 
statement and also the person's name and address, 
which she communicated, and an officer was sent tc 
make inquiries. 

She turned out to be the widow of a sergeant and 
quartermaster in the army, and she furnished a long 
statement, which it is hot necessary for me to set out 
in extenso. The important part of it was, that she was 
residing with her husband in a house at Brompton, 
that the prisoner's brother was living next door, that 
the prisoner was constantly there, and that a lady call- 
ing herself Mrs. G was living in the same house. 

The witness stated that, about three years before, this 
lady had come into her house in a highly excited state, 
and said that the prisoner had been trying to force her 
to make a will in his favor, and made further state- 
ments indicating a belief that she should be poisoned 
if she did. 

The witness saw Mrs. G upon other occasions ; 

once the servant fetched her when she was in a fit, 
and a doctor was also present. The patient madd 
statements about the prisoner that showed she was in 
great apprehension as to the food she was taking. 
Mrs. G appeared to be about forty years of age. 

On the 9th of December preceding the marriage 
of Dr. Smethurst with Miss Banks the same witness 



296 NEED OF APPEAL IN CRIMINAL CASES. 

saw the prisoner with another lady, who, from the de- 
scription, was probably the unfortunate deceased. The 
foregoing statement was made to Sergeant Macln- 
tyre, a police constable, and, whether the conclusions 
of the witness were correct or not, there seems but 

little doubt that Mrs. G must have been the 

widow of the prisoner's former patient. 

I think also that it will be admitted that if the cir- 
cumstances I have related be substantially correct, 
they show that through a variety of unfortunate causes 
the case must be regarded as exhibiting a most lament- 
able result. 

I have already mentioned that a strong contest went 
on in the press upon the result of the trial, and rep- 
resentations, some of which were certainly untrue, 
were made to the Home Secretary. The facts were 
of such a peculiar character that the whole of them 
should be taken together to enable a sound conclusion 
to be arrived at. It is simply impossible that this 
can be done without ordinary legal machinery. Every 
lawyer knows that in civil cases a rule for a new trial 
is constantly granted until light is thrown upon the 
facts by those opposing it. In criminal cases no power 
exists for such a purpose. The scheme of a Court of 
Appeal frightens our Legislature, but justice demands 
it, and I believe that it might be effected with both 
ease and benefit. I was well acquainted with the lead- . 
ing physician in the case, who w r as certainly one of 
the foremost men in his profession. He never swerved 
for a moment in his conviction that the unfortunate 
woman was poisoned ; and I fancy that he agreed 
with Brodie and other eminent medical men, that an 



POSTSCRIPT. 297 

experienced eye witnessing a death-bed can scarcely 
be mistaken as to the signs presented if poison has 
been administered. 



POSTSCRIPT. 

In the first and subsequent editions the names of 
the principal persons described in the above re- 
markable case were suppressed through the caution 
always exercised by Mr. Bentley, but I think un- 
necessarily on this occasion, and I publish them in 
the present edition without hesitation, taking upon 
myself any responsibility for doing so. In record- 
ing the incidents I have abstained from stating 
many about which I entertain little doubt, but of 
which I do not possess conclusive proof. 

About one part of the case, and that not the least 
extraordinary, I am perfectly clear that there existed 
a secret understanding between husband and wife. 
Whilst the proceedings were in progress a very inti- 
mate friend of mine, Captain Ward, who had been a 
distinguished officer in the Indian Service, took great 
interest in them, and read certain correspondence that 
had passed between the two. He-was much struck 
by the similarity it bore to the communications be- 
tween the Thugs, which body of assassins he had 
been largely instrumental in suppressing. 

There probably never existed in the medical pro- 
fession a man of more varied knowledge or sounder 
judgment than Sir Benjamin Brodie, but all that he 
was able to say was that the symptoms as related to 
him as attending the death of Miss Banks were con- 



298 POSTSCRIPT. 

sistent with other causes than those imputed to the 
prisoner, and such must be the case in most deaths 
by poison ; but the facts which ought to create the 
substantial grounds for a verdict being entirely out 
of the province of the medical referee, his conclusions, 
however sound they may be from a scientific point of 
view, must be an unsatisfactory basis to act upon. 



CHAPTER XXVII. 

THE PELLIZZIONI TRIAL. 

TOURING- the year 1864 a trial took place at the 
*^ Central Criminal Court which presents features 
worthy for more reasons than one to be recorded. In 
the first place, the life of a perfectly innocent man 
was placed in jeopardy, and in the next the course pur- 
sued by the police deserves attention and calls for 
remark. 

It appeared that upon the 26th of December in the 
previous year a serious disturbance had taken place 
in a public-house situated on Saffron Hill, Clerken- 
well. This locality was at the time inhabited by the 
humbler class of Italians, and a squabble arose be- 
tween them and some Englishmen of the neighbor- 
hood, resulting in the death of a man named Harring- 
ton, who was mortally wounded, and in serious injury 
to another man of the name of Rebbeck. 

In both cases the injuries inflicted were by some 
sharp instrument, and in all probability by the same 
one. An Italian named Pellizzioni was found lying 
upon the body of the deceased man, and was then 
seized by the police, who naturally inferred that he 
was the perpetrator of the acts. He, however, de- 
clared that he had only come in after they were com 
mitted, was endeavoring to quell the disturbance, and 
in the scuffle still going on was thrown upon the body 

299 



300 MR. BARON MARTIN. 

of Harrington, who was not quite dead. No weapon 
of any kind was found near the spot. After some ex- 
aminations at the police court Pellizzioni was com- 
mitted for trial, and tried before Mr. Baron Martin 
upon the charge of willful murder. 

This learned judge had been a very successful ad- 
vocate upon the Northern Circuit, where, however, 
he had not had any experience in the criminal courts, 
and although essentially humane and kind-hearted, 
was hasty in forming opinions, and slow in changing 
them ; and it was obvious that very early in the case 
he took a strong view against the prisoner, and sum- 
ming up in accordance with it, a verdict of guilty was 
pronounced. Sentence of death was passed, the judge 
stating in the course of it that " he had never known 
more direct or conclusive evidence in any case." It 
would serve no useful purpose to discuss the testi- 
mony given by the various witnesses called, and I 
shall dismiss the question with this remark — that it 
was extremely conflicting, and there must have ex- 
isted upon one side or the other very gross perjury. 
Several policemen were called and were examined at 
great length. No knife ivas produced or alluded to on 
the part of the prosecution. 1 

The conviction of Pellizzioni produced a great sen- 
sation in the neighborhood where he resided, and 
where he bore the character of a singularly inoffen- 
sive man, and those who had known him entertained 
a very different opinion from Mr. Baron Martin, and 
a shrewd suspicion, if not a certainty, existed amongst 

1 I have been told that the knife was in court, but it certainly was not 
alluded to. 



CONFESSION OF MOGNI. 301 

them as to who the culprit really was. Doubts were 
ventilated through the columns of the " Daily Tele- 
graph," and the proprietors of that journal took a 
strong personal interest in the matter. Mr. Negretti, 
the well-known optician, who was also a countryman 
of the convict, was indefatigable in his behalf, and 
ultimately the force of public opinion in the neigh- 
borhood, and the interference of a Catholic priest, in- 
duced a man named Gregorio Mogni to confess that 
he was the person who had committed the crime, al- 
though, as he alleged, in self-defense. 

Mogni was committed and tried at the following ses- 
sions of the Central Court upon a charge of man- 
slaughter. It fell to the lot of Mr. Justice Byles to 
try the case. This learned judge possessed great 
acuteness, but showed very clearly that he was influ- 
enced by the strong view previously taken by Mr. 
Baron Martin. 

I was instructed by the friends of Pellizzioni to 
prosecute, and Mr. Montagu Williams, upon very slight 
materials, and with very great ability, defended. 
Mogni was convicted, nor can I see how any other re- 
sult could have been arrived at. This, however, brought 
about a very peculiar state of things, as there were two 
men now lying in Newgate convicted of the same 
crime. In the one case the judge had declared that 
he had no doubt of Pellizzioni's guilt ; in the other, 
Mogni, who could not be mistaken, declared that he 
alone committed the crime. Fortunately for the ends 
of justice, whoever killed Harrington also stabbed 
Rebbeck, and so, to solve the difficulty, the Govern- 
ment put Pellizzioni through the ordeal of a trial for 



302 FINDING OF KNIFE. 

this latter offense, and Mr. GifFard prosecuted on theii 
behalf, which ensured the certainty that the evidence 
would be fully sifted. The case occupied some time, 
I forget how long, and Mogni was called, and adhered 
to his confession. He was cross-examined very rig- 
idly, but in the end the jury without hesitation ac- 
quitted the prisoner; and I do not entertain the slight- 
est doubt that he was perfectly innocent, and very 
unpleasantly for himself, and at the risk of his neck, 
illustrated the old lines commencing, " Those who in 
quarrels interpose." It is, however, very seldom that 
a man who has engaged solely in the endeavor to pre- 
vent strife has been placed in such jeopardy, ,and it is 
worthy of consideration to what this can fairly be at- 
tributed ; I believe it arose from the haste and im- 
petuosity with which the police first adopted a con- 
clusion, and afterwards adhered to it, although they 
were well aware of circumstances that strongly mil- 
itated against its correctness. 

It will be remembered that upon the first trial no 
weapon was produced or alluded to on the part of the 
prosecution, though it' will scarcely be credited that 
the knife with which both injuries were inflicted had 
been for some time before in the hands of the police. 
This fact was not brought before those who conducted 
the prosecution, nor before the jury who tried the case, 
and it is difficult to find satisfactory reasons for this 
concealment. The knife had been found at some dis- 
tance from the spot where the crime had been com- 
mitted, and could not have been convej^ed there by 
Pellizzioni. It was known throughout the neighbor- 
hood that it was Mogni's knife, and it is difficult to be- 
lieve that the police alone were ignorant of this fact 



EVIDENCE OF POLICE. 303 

Upon the subsequent trials it was produced, and 
identified by Mogni. He had, after stabbing the two 
men, handed it to a fellow-countryman named Cetti, 
who had thrown it in an out-of-the-way place, where 
it was subsequently found. 

The public house in which the occurrence took 
place was evidently of a very low description, and the 
witnesses called upon the trial were not unlikely to 
be influenced by the opinion of the police. The po- 
lice had the practical management of the prosecution 
•before it came into court ; and I have felt that in call- 
ing attention to its remarkable details, I am perform- 
ing a useful duty to society. 

It must be borne in mind that very few in the po- 
sition of Pellizzioni would be likely to receive the aid 
of a powerful journal, or obtain the sympathy and as- 
sistance of influential friends. 

Upon the original trial certain death-bed statements 
made by Harrington, when in extremis, were sworn 
to by a policeman, which inculpated the prisoner, and 
which were said to be taken down by another con- 
stable. This circumstance doubtless was instrumental 
in obtaining the first verdict, but through the con- 
duct exhibited by these witnesses it was entirely dis- 
credited by the juries upon the two subsequent in- 
vestigations. 

A short time after the acquittal of Pellizzioni I 
received a visit from the Marquis D'Azeglio, the Sar- 
dinian Minister, who was instructed to convey to me 
the thanks of his Government for my exertions in the 
case. This was the means of my forming a most 
agreeable acquaintance. The Marquis was very pop- 



304 MARQUIS DAZEGLIO. 

ular in English society, and I met him occasionally 
in London, and subsequently at Homburg, where, 
through his introduction, I passed many pleasant hours. 

I understood from him that the services rendered 
to Pellizzioni in this country had been very warmly 
appreciated in his own. I believe that the Marquis 
died not very long after I had the pleasure of knowing 
him, and, if so, it must have been in the prime of life.' 

It is manifest that in all investigations in criminal 
matters, the police must form a very material ele- 
ment, and the correctness of the result must greatly 
depend upon their truth and accuracy. It is, there- 
fore, most important that those who preside upon such 
inquiries should understand the characteristics of the 
body, and know something of then* organization. I 
fear that without such knowledge very serious mis- 
chances, and perhaps fatal ones, are likely to arise. 
I have had constant opportunities of forming a judg- 
ment, and my remarks are not founded upon any preju- 
dice against a necessary, and in many respects trust- 
worthy, body of men ; but from the conclusions that 
my experience has forced upon me, I am obliged to 
say that the evidence given by the police ought to be 
viewed with a considerable amount of caution. 

Wherever men are associated in a common object, 
as in their case, an esprit de corps naturally arises, and 
this not unfrequently colors the testimony of individ- 
ual members. Their duties are extremely trying, and 
calculated frequently to cause anger and irritation, 
feelings which almost invariably induce those pos- 
sessed by them to exaggerate, if not to invent. The 

1 I am very glad to hear that in tins 1 am mistaken, and that the Marquis 
is alive and well. 



POLICE TESTIMONY. 305 

classes against whom they appear are usually without 
the position that commands consideration, and conse- 
quently statements made to their prejudice meet with 
the more ready belief. 

The feeling of sanctity that probably once attached 
to an oath becomes deadened in the minds of those 
who are taking it every day,, and an easy manner and 
composed demeanor are acquired by persons constant • 
ly in the witness-box. There exists a very bad habit 
in the force of communicating their opinions at the 
outset of an inquiry, thus pledging themselves to views 
which it is damaging to their sagacity to retract. 
The Pellizzioni case furnishes an example of the evil 
arising from this habit. Everybody knows that " an 
experienced and intelligent officer has, with his ac- 
customed acuteness," secured the murderer, etc. ; and 
in this case the police did not like publishing the fact 
that they had committed a flagrant blunder, and so an 
innocent man was very nearly being executed. On 
the other hand, in many cases where constables have 
discharged their duties in a most exemplary manner, 
and may have been either disabled or killed, I cannot 
think that their services are sufficiently considered or 
properly rewarded ; and, as I have said in a former 
portion of these pages, I do not think that nearly suf- 
ficient protection is thrown around them by adequate 
punishments being meted out to those from whom 
they have been subjected to serious injuries. In the 
earlier days of their existence they were very unpop- 
ular, and it was only natural that the Executive should 
use every effort to support them, and magistrates were 
censured occasionally for the views they took in cer- 
20 



306 ALLEGED FALSE CHARGE. 

tain cases against members of the force. Now, how- 
ever, I am sure that as efficient a control as is possi- 
ble is exercised by the Commissioners, and the mag- 
istrates perform their duties without dread of the 
Home Secretary, formerly a feeling not wholly with- 
out justification. And as far as my observation has 
enabled me to form a judgment, the police preserve 
order in the streets with good temper and firmness. 

The preceding reflections are made in no unkind or 
unfriendly spirit, but now especially, when judges 
who have never been inside a criminal court are 
called upon to preside in trials where the issues pos- 
sibly involve the life of a human being, and where 
the police perhaps are material witnesses, my obser- 
vations may not be altogether out of place or un- 
worthy of consideration. 

I am unable to furnish the date of the following 
case, in which I was engaged on the part of the de- 
fendant, a policeman ; it was, however, after the trials 
of which I have in the last chapter given an account. 
In relating the circumstances I shall not express any 
belief as to the truth or falsehood of the charge made, 
but the view taken by the jury justifies me in quot- 
ing it as an illustration of some of the observations 
that I have presented to the reader. 

In a certain district in St. John's Wood, shortly be- 
fore the case I am recording, a number of burglaries 
had occurred, and great indignation had been expressed 
at the supineness of the police, not unaccompanied by 
insinuations of a graver kind. 

Two young men, of perfect respectability as far as 
appeared from evidence that was adduced, were walk- 



PR OSECUTION FOR PERJUR Y. 307 

ing on their way home somewhat late one night in 
the neighborhood which had been the scene of the 
burglaries, and, according to their own account, they 
had clone nothing that was calculated to excite sus- 
picion, nor had anything upon their persons unusual 
for respectable people to possess. To their astonish- 
ment they were seized by three policemen, and charged 
with attempting to break into a house. 

The three officers declared that they had watched 
them, and caught them in the act, and had actually 
taken from them the implements of burglary. 

It is obvious that, if the young men told the truth, 
one of the most wicked cases of conspiracy ever 
known had been planned by the police, and was car- 
ried out by flagrant perjury. 

The accused were discharged, and they, in their 
turn, prosecuted the three officers at the Central 
Court. The cases stood for trial before the Recorder, 
Mr. Russell (erurney, whose name I have previously 
mentioned, and who, whilst thoroughly impartial, was 
rather inclined to the side of authority than otherwise. 

The charges were for perjury, and it is right that I 
should mention, for the benefit of the general reader, 
that only one person can be included in an indictment 
for that particular offense. 

This being so, the defendant charged was able to 
call, and did call, his two companions. The case was 
very ably conducted by Mr. Serjeant Sleigh, and he 
had the advantage, not on such an occasion a small 
one, of a reply. A very clear summing-up followed, 
and the jury, after some deliberation, convicted the 
accused. 



308 CONVICTION. 

It will be quite understood that I express no opin- 
ion as to the correctness or the reverse of this verdict. 
I thought, however, that it was of such very grave 
importance that I advised. that the two remaining in- 
dictments should be removed into the Court of Queen's 
Bench, which was accordingly done, and the sentence 
upon the person already tried was postponed until the 
result of the further investigations. These were not, 
however, proceeded with ; no public prosecutor ex- 
isting at the time, and it is likely that the expense 
deterred the young men, who had sufficiently vindi- 
cated their characters, from proceeding any further in 
the matter. 



CHAPTER XXVIII. 

STATE OF EEGENT STEEET. 

"TVJ OT a great many years ago — it was during the 
-*■ ^ time that a valued friend of mine, and most ex- 
cellent magistrate, presided at the Marlborough Street 
Police Court — a number of cases were investigated 
involving very serious charges against the police sta- 
tioned in that district, and I am able myself to testify 
that to some extent, at all events, they were well 
founded. 

Regent Street and the surrounding localities were 
frequented by women carrying on a miserable calling. 
The Quadrant especially was rendered almost impass- 
able for decent people. The shop-keepers were up 
in arms, and bitter complaints were raised against the 
negligence of the officers. The inquiries, however, 
set on foot fully explained the reason of this. The 
constables upon the beat were in the pay of the worst 
and most troublesome of those who infested the 
streets, in consideration for which they allowed them 
to annoy the passengers with impunity ; whilst those 
who were quiet and inoffensive had blackmail levied 
upon them by the most tyrannical and cruel means. 
If they refused to pay, they were taken into custody, 

309 



310 AMUSING ADVENTURE. 

had to pass the night in a wretched cell, were the next 
morning charged with annoying people and obstruct- 
ing the footway, and although I know that Mr. Knox, 
having grave suspicions of the motives of the officers, 
threw what protection he could over the accused, a 
fine was often imposed, and further, imprisonment 
followed in consequence of its non-payment. The 
wretched victims learned prudence, and obtained the 
necessary license to pursue their unhappy trade. I 
have seen upon several occasions a female, of the class 
alluded to, place upon a post or window-sill a piece 
of money, and a policeman come up and remove it. 
At last the scandal attained such large dimensions that 
it became necessary to transplant the entire division 
to some other district. I have no means of following 
their career. They had probably to bemoan amongst 
the savages of the East the halcyon days they had en- 
joyed in the advanced civilization of their former serv- 
ice. The resignation of Mr. Knox consequent upon 
his illness was a great loss to the public. He was a 
most conscientious and painstaking magistrate, but 
unfortunately he allowed his anxiety to do justice to 
prey upon a very impressible disposition, and ulti- 
mately to affect his health. I have had many con- 
versations with him on the subject I am now dwell- 
ing upon, and I believe that he fully shared the opin- 
ion I have expressed as to the necessity of great cau- 
tion in dealing with police testimony. 

I will now relate an amusing adventure of my own 
which bears upon the subject. One night late — it 
might be early morning — I was in Piccadilly, and, at- 
tracted by a gathering of people, I came upon a police- 



SIR ALEXANDER COCKBURN. 31 1 

man struggling with a drunken, powerful woman. 
She had either falleu or been thrown down, and he 
had fallen upon her. There were expressions of in- 
dignation being uttered by the persons around, and a 
row seemed imminent. I touched the officer lightly 
upon the shoulder, saying, " Why do you not spring 
your rattle 1 You will hurt the woman." He jump- 
ed up, and, seizing me by the collar, said, " I take 
you into custody for obstructing me in the execution 
of my duty." I remained perfectly passive, and in 
the meanwhile another constable had come up and 
had seized the woman, whom he was handling very 
roughly. At this moment Sir Alexander Cockburn, 
then Attorney-General, who was returning from the 
House of Commons, appeared upon the scene, and 
seeing a woman, as he thought, ill used, remonstrated 
in indignant language with the officer, upon which the 
constable who had hold of me stretched out his other 
arm — whether reaching Sir Alexander or not I could 
not see — and said, " I arrest you also." "Arrest me," 
exclaimed the astonished Attorney-General; " what 
for ? " " Oh," said my captor, " for many things, 
You are well known to the police." I cannot surmise 
what might have become of us. Possibly we should 
have spent the night in company with the very ob- 
jectionable female on whose behalf we had interfered. 
Some people, however, fortunately recognized us, and 
we were released. I took the numbers of the officers, 
and, being determined to see the end of the affair, 
went next morning to the courfr where the charge 
ought to have been made, and heard that the woman 
had effected her escape, which, considering I had left 



312 HIGH-HANDED PROCEEDINGS. 

her in charge of half-a-dozen officers, and that she was 
very drunk, was a remarkable feat of prowess. 

With the concurrence of Sir Alexander Cockburn, 
I wrote a full account to Mr. Mayne (I forget whether 
at that time he was knighted), and after a day or two 
received an answer from some subordinate, treating 
my letter with great coolness, and saying that if I had 
any complaint to make I might go before a magistrate. 
To this communication I replied by a private note to 
the Commissioner to the effect that I should select 
my own mode of ventilating the matter. A very 
courteous reply, promising thorough inquiry, resulted 
from this further step. 

I never heard anything more about it, and am sor- 
ry to say was not patriotic enough to take any further 
trouble in the matter. 

There was one circumstance that struck me as of 
serious import. In the middle of the disturbance a 
tall man dressed in military apparel, and who certainly 
had not been present at the commencement, walked 
up and, addressing himself to the officer, said, "I 
have seen everything. You are quite in the right. 
I am ready to give evidence. Here is my card." In- 
dependent witnesses of this description are a danger- 
ous addition to police testimony. 

The following is an instance of the somewhat high- 
handed proceedings of the Home Office in the early 
days after 'the institution of the new police. There 
was a very worthy but not very wise magistrate who 
presided at Bow Street. He had been guilty of many 
eccentricities, but had escaped censure. It so hap- 
pened that a constable was charged before him with 



PROCEEDINGS OF POLICE. 3^3 

taking bribes from the Keepers of disorderly houses 
to induce him to suppress warrants entrusted to him 
to serve. I was instructed by the parish authorities 
to prosecute. There never was a clearer case, and as 
it was stated that it was by no means an isolated one, 
the sentence of a month's imprisonment was by no 
mean® too severe. Long, however, before this term 
had expired, the officer was performing his duties as 
usual, and the magistrate received an intimation that 
his retirement would be accepted, and his valuable 
services rewarded with a pension. 

I have already stated that, in my opinion, there is 
far too much publicity permitted by the police in con- 
nection with their proceedings; and with very great 
respect to the authorities at Scotland Yard, and es- 
pecially so to a gentleman at the head of the detective 
department, with whom I have the pleasure of being 
upon terms of intimacy, and whose intelligence and 
industry I fully appreciate, I cannot think that the 
system pursued is a good one for the detection of 
crime and the discovery of offenders. 

The publicity, rather encouraged than checked, 
tends to defeat the chances of success. It is known 
from one end of ,the kingdom to the other who are 
the officers having the charge of a particular inquiry, 
and the amount of information that they possess is 
blazoned forth ; whilst the system of reporting the 
different steps taken to a central office produces delay 
which may be very prejudicial. 

The old Bow Street runners did not inform the 
criminals whom they wanted to catch with what their 
trap was baited, and where it was to be laid, nor did 



314 CORONERS' COURTS. 

they waste valuable time in making reports. They 
did not let the public know all that they knew them- 
selves, but they arrived at a conclusion from their 
own experience, and worked it out in silence and 
secrecy. I do not think that a detective in those 
days would have been guilty of the piece of flagrant 
absurdity that was exhibited but recently in the case 
of the murder committed upon Kingston Hill, when 
it was published to the entire world that the police 
possessed no clue, and that the murdered man had 
died without giving any information ; by this means 
destroying certainly one chance of discovering the 
criminal through the instrumentality of a possible ac- 
complice, who, if he had not been assured of his safe- 
ty, might have made a confession. I suspect that old 
officers, if they had opened their mouths at all, would 
have been guilty of the pious fraud of saying, " that 
they had obtained a full description of the murderer." 

The police also must frequently be much embarrass- 
ed by the proceedings of coroners' courts. These are 
often conducted by incompetent officers, at some low 
pothouse, where all the gossip *of the neighborhood 
finds vent, and where the information obtained is 
blurted out, and probably read with keen amusement 
by the offender who is wanted, and who thus learns 
how to keep out of the way. Secrecy and rapidity 
are two elements most essential for waging a success- 
ful war against the criminal classes, and they happen 
to be the very ones most remarkable for their absence. 

For two or three years previously to my call to the 
bar I resided with my father at the official residence 
of the Thames police at Wapping. He had removed 



THE THAMES POLICE. 315 

there upon the death of Captain Kichbell, who had 
previously occupied it. The entrance to it was from 
a narrow street called Old Gravel Lane. Its frontage, 
which still exists, looks out upon the river opposite to 
Rotherhithe. Here, but shortly before, existed Ex- 
ecution Dock, where the bodies of pirates might be 
seen dangling, hung in chains. The house abutted 
upon "Wapping Old Stairs," so it had some claim to 
poetry, and the neighborhood was not without society, 
Messrs. Hodgson and Abbott, the brewers, residing 
within a few doors of the house occupied by my father. 
The former gentleman was better known by the name 
of " Brown Stout." I believe they were the first ex- 
porters of bitter ale to India. My father was now the 
senior magistrate, and upon him devolved the organi- 
zation and management of the police attached to the 
office. I have in a former chapter referred to this 
body ; their duties were confined to the river, and to the 
localities adjacent to its shores. These included districts 
inhabited by very lawless classes, and as I frequently 
accompanied the officers whilst upon duty, I had many 
opportunities of witnessing their conduct, and the 
power they possessed was considerable. I have seen 
the most serious disturbances quelled in a few min- 
utes by the presence of two or three of them, and I 
do not remember any occasion when they received 
serious injury. They knew the localities well, and 
the character of the people who inhabited them, and 
were thus enabled to trace offenders with very marked 
success. They were well and kindly managed by 
my father, who possessed great influence over them, 
and they always resorted to him in cases of difficulty. 



316 JEWS AND IRISH. 

Their discipline, although strict, gave them much inde- 
pendence, which certainly was of service when speedy 
action was required. I have often thought that offi- 
cers organized upon a similar system, and attached 
to the different police courts of the metropolis, would 
be a most useful instrument both for the repression 
and detection of crime. 

The districts over which my father's jurisdiction 
extended included streets and alleys inhabited by a 
class very difficult to manage. Irish and Jews of the 
humblest rank occupied the wretched dwellings of 
which they were composed, and the feuds between 
the two races often ended in squabbles that attained 
formidable dimensions. My father, after a time, was 
looked up to by the rival parties, and succeeded in 
creating a much more peaceful state of things. In 
his efforts he was greatly aided by the rabbi and 
Catholic priest of the neighborhood, with both of 
whom he had established a firm alliance. 

He had a very high opinion of the social qualities 
of the Jews, and of their humanity and charity 
amongst themselves, and he found the Irish extremely 
amenable to kind treatment. 

There was a man who frequently figured in the 
court during my early days at the bar, a short, dark, 
repulsive-looking fellow of the name of Aaron Smith, 
and his history was a very extraordinary one. He 
had been brought before my father charged with pi- 
racy, and there was no doubt that he had been one 
of a crew on board a pirate vessel. They had boarded 
a Dutch merchant ship amongst others, and been 
guilty of great brutality. He declared that he had 



SMOKE NUISANCE. 3^7 

been taken prisoner by the pirates, and acted under 
compulsion, and this statement was probably true. 
At all events, he was acquitted both in Holland and 
in this country, and flourished as a money-lender for 
many years after. 

The time came when all was changed in connection 
with my father's jurisdiction. The new police was 
created, and the officers attached to the Thames be- 
came amalgamated with that body. The office became 
a court, and the business was removed to Arbor 
Square, Stepney. The duties of the magistrate be- 
came simply judicial. 

My father certainly distrusted the evidence given by 
certain members of the new force, and considered that 
they occasionally exhibited unnecessary harshness, 
and I can well imagine that he was not looked upon 
favorably by the authorities at the Home Office, in 
consequence of the expression of some of his views. 
He was also involved in a discussion in connection 
with the smoke nuisance, in which his decisions dif- 
fered from their wishes upon the subject. They sent 
him an opinion of the Attorney-General, almost or- 
dering him to be governed by it. He, however, ad- 
hered to his own construction of the law. He was 
too generally respected to be treated with overt indig- 
nity, but when he urged his claim to be removed to 
a more agreeable district, he was met with the doubt- 
ful compliment that he was too useful in his present 
position. At this time he resided in Cadogan Place, 
and the fatigue attendant upon reaching his place of 
business, added to other causes, obliged him to resign 
his office. 



318 INDEPENDENCE OF MA Q1STRA TES. 

From all I hear, nothing can exceed the cordial re- 
lations that now exist between the magistracy and the 
executive, but, considering that the body out of which 
the former are chosen is the same as that from which 
the judges are selected, I cannot help thinking that 
they should be put upon the same footing. There 
seems certainly no reason why a distinction should 
exist between their status and that of the gentlemen 
filling the office of county court judges, and it is only 
in accordance with constitutional principles that those 
who exercise judicial functions should be independ- 
ent of official control. 



CHAPTER XXIX. 

ELECTION COMMITTEES. 

' I A HE practice before Parliamentary committees, 
although open to the entire bar, had been pretty 
much confined to a select few, who devoted them- 
selves entirely to it. Previously, however, to the 
time to which I wish to direct attention, many emi- 
nent outsiders had conducted some of the more im- 
portant inquiries. Coppock, one of the acutest of 
Parliamentary agents, had secured the services of 
Cockburn, whose qualities singularly fitted him for 
this description of business, and Thesiger and Austin 
found in him a formidable opponent. Edwin James 
also possessed all the qualities necessary for the work. 
He had great readiness, handled his facts amusingly, 
but with considerable force, and was never tedious. 
He was an excellent Nisi Prius leader, and, although 
not possessed of any remarkable knowledge of law or 
profound scholarship, contrived to manage Lord Gamp- 
bell better than any of his rivals at the bar. In 1867, 
the year after a general election, all those whose 
names I have mentioned had quitted the arena, and I 
was retained in several of the contested cases. It 
was the last year that the House of Commons exer- 

319 



320 MESSRS. HARRISON AND JOT. 

cised this jurisdiction, which, as is well known, was 
subsequently relegated to the Common Law judges. 
The ground for this change was the supposition that 
the inquiries before committees resulted too often in 
decisions founded less upon the facts than the com- 
position of the tribunal ; and this certainly had been 
the case in former years. The politics of the major- 
ity were more considered by litigants than the evi- 
dence to be adduced ; and if a member, under the un- 
usual influence of conscientious feeling, voted against 
his party, he was looked upon as little better than a 
traitor. It is extremely amusing to look back to some 
of the old trials. Two gentlemen, named Harrison 
and Joy, seemed to possess the greatest favor with 
the public, and their mode of doing business had at 
least the merit of originality. A decision could al- 
most always be found for propositions however ab- 
surd, and the arguments of the counsel for the re- 
spective parties seemed to consist in pelting each 
other and the committee with cases ; and it would 
have been strange indeed if the predetermination of 
the majority was not able to find some authority to 
justify it. A story is told of Harrison that he kept a 
kind of vade mecum, in which he entered up the dif- 
ferent decisions of committees, and that upon one oc- 
casion, having quoted several in support of the view 
for which he was contending, he inadvertently left the 
book upon the table. His adversary picked it up and 
found, upon an opposite page to that which had been 
referred to, all the authorities on the other side, which 
he quoted in answer, much to Harrison's discomfit- 
ure, who, it is needless to say, never afterwards lost 
sight of his valuable companion. 



EENR Y ALL WOR TH MERE WETHER. 32 1 

Mr. Serjeant Merewether, who afterwards became 
Town Clerk of London, had considerable business in 
Parliament ; and his son, Henry Allworth Mere- 
wether, an old friend of mine, was a deservedly suc- 
cessful practitioner. This gentleman was a very 
agreeable companion, and one of the most popular 
members of the Garrick Club. He did not like elec- 
tion petitions, and confined himself latterly to private 
bills, in which branch of Parliamentary business he 
was opposed to Hope, Scott, Beckett, Denison, Pod- 
well, and others of like calibre, and must have been 
a man of considerable ability to hold his own, as he 
did for many years, against such opponents. 

It is worthy of remark that for a few years previ- 
ous to 1867, and very notably during that year, a 
great change of feeling exhibited itself in the election 
committees. Members had begun to look upon the 
obligation that they undertook from a more serious 
point of view than they had done heretofore ; a higher 
quality of advocacy had made itself felt ; and there 
can be no doubt that strong and independent counsel 
do materially color the proceedings of tribunals be- 
fore which they practice. Moreover, public opinion 
began to assert itself, and indignation was felt that 
partisan grounds should govern judicial proceedings. 
These elements combined gradually produced a re- 
sult which plainly developed itself in the proceedings 
before committees in this year of 1867. I was, as I 
have mentioned already, in many of the contested 
cases, and had opportunities of forming an opinion 
about most of the others, and also of hearing the re- 
marks of very good judges upon the subject; and I 
21 



322 BRIBER Y. 

have no hesitation whatever in saying that, in every 
instance, there was exhibited not only the qualities 
most calculated to elicit truth, but the most consci- 
entious adherence to strict impartiality. 

The tribunals were extremely pleasant to practice 
before, and the members that constituted them cer- 
tainly were very competent to judge of the facts, hav- 
ing had their own experiences to be guided by, and 
within my observation an excellent feeling prevailed 
between them and counsel. I do not think that there 
existed so holy a horror for bribery as ought to affect 
well-regulated minds ; in fact, the war waged against 
Parliamentary corruption does not seem to have at- 
tained either practical or moral success, and an ordi- 
narily acute observer must come to the conclusion 
that the virtuous denunciations he hears are in most 
instances mere shams. There is no force of public 
opinion honestly brought to bear against it. I should 
be glad to know whether the gentry in the neighbor- 
hood have ever withdrawn their custom from a trades- 
man found guilty of accepting bribes, or whether any 
gentleman has been excluded from society because he 
has given them. Only during the present year I had 
the honor of being associated with the Attorney-Gen- 
eral in the prosecution of some bribery informations 
tried at Maidstone. A solicitor, a leading one in the 
county, was called as a witness. He had been obliged 
to make a clean breast of it before the commissioners. 
He mounted the witness-box with a jaunty air, and 
with a complacent smile upon his countenance, dis- 
closed the organized system of bribery of which he 
had been contriver and manager. I doubt whether a 



MR. JUSTICE FITZJAMES STEPHEN. 323 

single client will take his title deeds out of this gen 
tleman's possession, or treat him with less considera- 
tion. Another witness got up ; he was one of the 
bribed, and was attended by several of his friends and 
co-bribees — I invent the word for the occasion. He 
gave his evidence in a jocular manner, and it was list- 
ened to with much hilarity and evident admiration. 
Even in the House of Commons, where a good deal 
of verbal indignation is ventilated, the true feeling 
crept out upon a recent occasion, when the majority 
refused to issue a commission in a case where, ac- 
cording to public rumor, bribery and corruption had 
been rampant. 1 

I do not believe that the ballot will ever be effect- 
ual to prevent the practice, and, moreover, it intro- 
duces an additional moral taint. A voter may make 
a solemn promise, take advantage of the secrecy to 
break it, and of course tell lies to prevent the discovery 
of his treachery. I do, however, think that in charges 
of intimidation secret voting may be of service. 

I noticed an observation made upon the trial of one 
of the bribery informations by a very learned judge, 
and one who takes just views upon most subjects, Mr. 
Justice Fitzjames Stephen, " that probably the same 
feeling existed in the minds of many people upon the 
subject of bribery, as existed in a former generation 
upon that of dueling," and to this I will venture to 
add, as existed in Members of Parliament as to the 
duties imposed upon them in election committees. 

1 Whether the punishments recently inflicted upon comparatively insig- 
nificant personages will produce the desired result, remains to be seen. For 
my part, I suspect that their only effect will be to prevent future juries from 
convicting. 



324 MR - LOCKE. 

My first appearance before a Parliamentary tribu- 
nal was in a petition against the return of Mr. Wad- 
dington, who was then Chairman of the Eastern Coun- 
ties Railway Company, now the Great Eastern. He 
was a personal friend, and entrusted his interests to me, 
although in this branch of business I was then quite 
unknown ; I think he had been returned for Har- 
wich — the place, however, is not material. His col- 
league was Mr. Locke, one of those engineers who 
have assisted in the marvelous change that now gov- 
erns the world. I succeeded in keeping the seat for 
Waddington, but recollect the case less on that ac- 
count than for the opportunities it gave me of enjoy- 
ing Mr. Locke's society. I remember well his simple 
but graphic details upon many subjects, especially of 
the sensations he experienced when, after a tunnel had 
been finished, the supports were first removed ; it was 
impossible to say that some precaution might not have 
been wanting, and that all those waiting anxiously for 
the result might not be immolated in one common ruin. 
How short was his span of life, compared to that of 
other benefactors of our age ! He quitted it after he had 
conferred immense benefits, but before he had been 
able to enjoy the glory that he had so nobly earned. 

I conducted, about this period, the petition against 
the sitting member for Bristol. The bribery was fla- 
grant, there was really no defense attempted, and I 
consequently succeeded without difficulty in unseat- 
ing the sitting member. 

One of the cases in which during the sittings of 
1867 I was engaged, and which greatly interested me, 
was that against Colonel White for Tipperary. He 



TIPPERAR Y ELECTION PETITION. 325 

was my client, and also a personal friend. He himself 
was perfectly pure ; but the supporters of a candidate 
in an Irish election are rarely controlled by the dic- 
tates of strict jDrudence. He had been supported by 
the Catholic priesthood, and it was alleged that vio- 
lence and intimidation had prevailed to a considerable 
extent on the part of his supporters. My junior in 
the case was an Irish barrister, whose name, for rea- 
sons that may be imagined, I forbear to record, and 
I will therefore venture to furnish him with a fic- 
titious one. 

One of the witnesses supporting the petition, an offi- 
cer of the Irish constabulary, was detailing a scene of 
violence in which several heads were broken and di- 
vers misadventures of the same kind occurred. He 
was asked by Mr. Cooke, the counsel on the part of 
the petitioner, who was the ringleader, and answered, 
Mr. O'Finigan ; and upon being further questioned 
who that gentleman might be, up rose my junior, and, 
glaring at the counsel who had asked the question, 
said, " I am Mr. O'Finigan, and I am not ashamed of 
my name." I was told that.this gentleman intended 
to challenge me for putting upon him a gross insult, 
viz., that I would not allow him to cross-examine any 
of the witnesses. However, I succeeded in appeas- 
ing his wrath, and under the influence of a Greenwich 
dinner, at which I entertained him, we became excel- 
lent friends, and he was really a very good fellow, 
though beyond doubt a most enthusiastic partisan. 
Colonel White had certainly not encouraged any ille- 
gal proceedings, and the Archbishop of Cashel, his 
very warm supporter, had used all his influence to pre- 



326 ARCHBISHOP OF CASHEL. 

vent them. I do not know of any case in which 1 
have been engaged in which the decision, which was 
in favor of my client, gave me more sincere satisfac- 
tion. On this occasion the majority of the committee 
were opposed in politics to the Colonel. 

During the time the proceedings were going on I 
saw a great deal of the Archbishop, who was a very 
highly cultivated gentleman. I received from him 
many courtesies, and it was with great regret that I 
heard of his death. 

I do not think it would be possible to exaggerate 
the amount of bribery that was proved in the course 
of these inquiries to have existed. It was confined to 
no class — tradesmen, the squirearchy, the lawyers, 
and, by no means insignificantly, the clergy, all were 
implicated ; and I cannot forbear to add that the 
amount of perjury necessary to conceal it was by no 
means deficient. Even if I remembered the details 
it would furnish neither amusement nor instruction to 
relate them. I can, however, recall one case that 
amused me intensely. A white-headed old gentleman, 
the agent of one of thejparties, was in the witness- 
box. He looked the very embodiment of respecta- 
bility. He was nevertheless subjected to a severe 
cross-examination by the opposite counsel, who sug- 
gested that he had been a party to distributing bribes. 
At last he turned his venerable face to the committee, 
incipient tears being visible in his eyes, and making 
a most affecting appeal to them, asked, in a voice 
broken by emotion, whether a man who had lived all 
his life in the borough, without a stain upon his char- 
acter, ought to be exposed to the insult of such ques- 



BRISTOL PETITION. 327 

tions. Whether the committee were or were not af- 
fected by his appeal I cannot tell, but they unseated 
his employer, and I know that the venerable gentle- 
man had actually received 500 sovereigns, which he 
had distributed most honorably "in bribing the 
electors." 

There was another petition against the sitting mem- 
ber for Bristol during this year, in which I was en- 
gaged for the petitioner. One of the principal wit- 
nesses opposed to me was a physician in the borough, 
a gentleman of high position and character. His ap- 
pearance and manner were both greatly in his favor, 
and I confess that at first I looked with doubt upon 
my instructions that he was the main instrument of the 
the bribery that had existed, and I consequently pro- 
ceeded very warily to deal with him. It was long 
before I could get at any of the facts, but, after a time, 
it became plain to me that he was prevaricating, and 
ultimately this was evident to the committee, who 
over and over again cautioned him. At last, after long 
struggling on his part, I forced out of him admissions 
of his thorough culpability, and the member was un- 
seated. I refer to this case with some feeling of tri- 
umph; it was really an instance of the success of those 
principles I have endeavored to lay down for cross-ex- 
amination. I could not have proved any of the facts 
by independent testimony, but I formed a confident 
and, as it turned out, a correct judgment as to the 
complicity of the witness, and worked upon this as- 
sumption. I hope I may be excused for the vanity of 
recording that this effort met with a very high compli- 
ment from one of the most distinguished members of 
my profession. 



328 OBSTINA TE JUR YMAN. 

Out of this trial, I believe, a case arose at Bristol 
before the Recorder, Mr. Serjeant Kinglake — a very 
learned lawyer, one of Lord Campbell's degenerates. 
It was against a solicitor, who, elated at the result, had 
mounted upon a white horse, led a mob of people, 
and celebrated it with much noise, to the accompani- 
ment of broken heads and windows. He was indicted 
for a riot. Collins, now leader of the Western Circuit, 
Montagu Williams, and myself were retained for the 
defense. Ribton, an old friend of mine, and a powerful 
advocate, prosecuted, as he did everything, with con- 
siderable energy and at great length. As our refresh- 
ers were very liberal we reconciled ourselves to this 
latter quality, which was more than rivaled by the 
Recorder. Under the auspices of Mr. Collins I saw 
many of the sights best worth witnessing in the town, 
and as the issue for our client did not involve very 
grave consequences, we passed our time agreeably 
enough. When the jury were impaneled, I thought I 
recognized the face of one of them, and learned after- 
wards that he had been a witness before the committee 
at the House of Commons, where I had handled him 
rather roughly. After a vehement reply from Mr. Rib- 
ton, and a summing-up in which all the constitutional 
questions of the last century and former ones were dwelt 
upon by the Recorder, the jury retired, but could net 
agree — there was one obstinate juryman. The Re- 
corder would not discharge them, intimating that they 
might sleep upon it. This, however, precluding the 
enjoyment of supper, did not suit the fancy of the ma- 
jority. They retired into their private room, from 
which shortly came forth sounds of discord. 



POSTSCRIPT. 329 

After a pause they returned into court, the obstinate 
juryman looking hot and disheveled, and evidently 
not inclined for further intercourse with his brethren. 

A verdict of not guilty was pronounced, and my client 
was again at liberty to mount his steed amongst the 
cheers of enthusiastic supporters. 

POSTSCRIPT. 

I look back to these inquiries as forming the most 
pleasant portion of my professional life. The work 
suited my tastes and whatever qualities I possessed, 
and certainly I was very successful, whilst the un- 
varying courtesy of the tribunal rendered the per- 
formance of the duties singularly agreeable. 



CHAPTER XXX. 

ELECTION JUDGES. 

A S might be expected from the character of the 
^-*- tribunals by which Parliamentary committees 
were superseded, an endeavor was made to introduce 
definitions applicable to the different questions raised 
before them, and to bring the proofs within their com- 
pass. Evidence was restricted by the rules prevail- 
ing in the ordinary courts, and each judge had toper- 
form the province of a jury, in construing facts and 
intentions, as well as to lay down the law. 

Very few of the judges had experience of elections, 
and no doubt the machinery adopted by candidates 
presented some novel points for their consideration. 
Generally, I think, their decisions gave satisfaction to 
independent observers, and certainly were arrived at 
with great care and attention. 

I was engaged in several petitions tried before the fol- 
lowing judges: — Baron Martin, Justices Lush, Willes, 
Blackburn, Mellor, and Grove; all men of great learning 
and experience. I think that the first case I was in 
under the new regime was that of Norwich, before 
Baron Martin, and this was speedily disposed of by 
unseating the member. It was always pleasant to 
330 



MR. FORSTER. 331 

practice before this learned judge. He was a thor- 
ough man of business, a sound lawyer, hasty, but very 
agreeable to counsel, and I imagine possessed no small 
practical experience of the "doings" of an election. 
I recall with great satisfaction a case in which I was 
counsel before him at Bradford. My client was Mr. 
Forster, the sitting member, and now so well known 
as Secretary for Ireland. 

Of course the result was of vital importance to this 
gentleman, and although he was personally clear from 
all imputation; there were circumstances extremely 
difficult to deal with, and I felt a very considerable 
amount of anxiety. Mr. Forster had himself been 
away during the canvass, and it was admitted that he 
was strongly opposed to any unfair influence being 
used ; but there had been proceedings at the munici- 
pal elections which had shortly preceded the borough 
one, by which it was sought to affect his seat. My 
task was rendered more difficult from the fact that 
the same judge had unseated Mr. Ripley upon grounds 
some of the features of which were similar to those 
relied upon against my client, and in conducting the 
case my endeavor was to distinguish it from the one 
previously decided, and in this effort I was successful, 
and justly so. Since that time I have had the pleas- 
ure of meeting Mr. Forster, when he has been a guest 
of my friend Sir Bruce Seaton, at the Union Club, 
and he has expressed himself in very kind terms of 
my conduct of the case. I also received at the time 
a letter from Mrs. Forster, who had been intensely 
anxious, and expressed herself very gratefully to me 
I asked permission of Mr. Forster to record these 
opinions, and received from him the following letter: — ■ 



332 SIR HENRY JAMES. 

August 22, 1881. 
My dear Serjeant Ballantine, — I am glad you are publishing youf 
reminiscences, and look forward with pleasure to their perusal. 

By all means make any use j 7 ou like of anything I said about your 
defense of me when under trial. I have never lost my sense of the value 
of that defense, or of its great ability. 

Yours very truly, 

W. E. Forster. 

I hope that my publication of the above may not 
be considered a proof of foolish vanity, but I estimate 
very highly the opinion of Mr. Forster, and consider 
that if he is under an obligation to me, so to a mucb 
greater extent are the public. 

If I assisted upon this occasion in benefiting the 
Liberal party, I subsequently, before the same judge, 
aided in maintaining the seat of Mr. Smith for West- 
minster, thus conferring a boon upon the Conserva- 
tives. I am bound, however, to say that my leader, 
Mr. Hawkins, now upon the bench, was the princi- 
pal contributor to this result. 

Notwithstanding some faults that I have already 
indicated, Mr. Baron Martin, when obliged by his in- 
creasing deafness to resign, was a great loss to the 
bench. 

In recording successes of which I am proud, and 
by the result of which the public have benefited, I 
am very pleased to mention that in a petition against 
Mr. Serjeant Cox, the then sitting member for Taun- 
ton, I succeeded in annulling his election, and, upon 
a scrutiny, seating my old friend, then Mr. James, 
since that time become Sir Henry, and now Attorney- 
General ; and upon a petition against him after a sub- 
sequent election I was successful in maintaining his 
seat. 



LORD JUSTICE BRAMWELL. 333 

If the lives of the puisne judges who have occupied 
the bench during the last generation could find a bi- 
ographer, no one would fill a brighter or more honor- 
able space than Lord Justice Lush, but recently de- 
ceased. During the time he was at the bar and upon 
the Home Circuit I was constantly associated with 
him both in publjc and private, and after his promo- 
tion I frequently appeared before him. His career 
exhibits a course of unwearied industry and unswerv- 
ing integrity from his earliest youth. He would not 
be properly described as a powerful advocate, but he 
was singularly lucid and always a perfect master of 
the facts. As a judge, unmoved by partiality, and, 
although strict in his views, patient, considerate, and 
humane ; as a man, his kindness and charity had en- 
sured to him the affection of every one who knew 
him. He tried several of the election cases in which 
I was engaged, but I do not remember any that pre- 
sented features worthy of recording. 1 

Lord Justice Bramwell was a good judge, and re- 
strained upon the bench a natural irritability of tem- 
per. I also conducted cases before him, but not of 
great interest except to the parties. I cannot forbear 
saying that I never saw any one more anxious to as- 
sist a counsel who had a difficulty in explaining some 
proposition, or more patient in its investigation. It is 
considered by the profession that his retirement from 
the Appeal Court is a very serious loss. 

No one can deny that in the selection of Mr. Black- 
burn as a puisne judge Lord Campbell conferred a 

1 I had hoped that my kind old friend would have read my appreciation oi 
him. I wrote it originally in his lifetime. 



334 MR - BRASSEY. 

benefit upon all connected with judicial proceedings. 
He possesses a powerful intellect, great grasp and so- 
lidity, and has the reputation of being a profound law- 
yer. A Scotch accent does not improve a naturally 
harsh voice, and his demeanor can scarcely be term- 
ed graceful, or his manner pleasant, but these are su- 
perficial objections. There is nothing of harshness or 
intentional discourtesy about him ; I should doubt 
whether he had ever been what is called a ladies' man, 
and his gallantry was put to a severe test in the fol- 
lowing cases, and certainly did not show itself to be 
co-extensive with his law. 

In the first of these I appeared to defend the seat 
of a gentleman who, although he has never been con- 
nected with the Government, is a very distinguished 
and useful member of the House of Commons, and 
would have been a great loss. This was Mr. Brassey, 1 
member for Hastings, who was petitioned against by 
Colonel Calthorpe, the distinguished Crimean officer. 

One of the means of bribery suggested was the 
purchase of unnecessary apparel by certain ladies, en- 
ergetic supporters of the sitting member ; and it was 
amusing to witness the face of the judge during these 
millinery investigations, and to hear his ejaculations 
upon the number of yards apparently necessary to 
clothe the female form. It was evidently a subject 
which his brain was incapable of grasping without 
making inquiries that were repellent to his sense of 
modesty. I trust that I may be forgiven for mention- 
ing that I received the greatest assistance from sug- 
gestions given me by Mrs. Brassey ; she showed the 
greatest acuteness, and I consider that the result 

1 This gentleman is now a member of the Government. 



WALLINGFORD PETITION. 



335 



which was ultimately given in favor of her husband, 
was in a great measure due to her exertions. I was 
not at all surprised at the charming account written 
by this lady of the cruise of the Sunbeam, which I 
have read with real pleasure, both for its own merits 
and the memories it recalled of what was a very 
pleasant inquiry. 

The Wallingford election petition, tried before the 
same judge, was a severe infliction upon his patience, 
and involved him in a comical position. In this I was 
again counsel for the sitting member, a Mr. Stanley 
Vickers, a distiller. It can do no harm now to con- 
fess that I never was engaged in a case in which, not- 
withstanding the vehement assertions of my client, I 
felt graver doubts. Indeed my conscience almost 
gave way under the strain of this conviction, and 
probably would have done so but for the support and 
assistance of my friend Montagu Williams, who was 
with me in the case. 

Sir Charles Wentworth Dilke was the petitioner. 
The election had been conducted by the supporters 
on both sides with no inconsiderable warmth, which 
may be accounted for by the fact that the ladies of 
the locality had taken a very active part in it, and were 
warm partisans — it might, indeed, have been called 
a ladies' battle, and they appeared in court arrayed 
in the colors of the respective candidates. But the 
warmth of their advocacy was made so apparent upon 
the first day, that on the second they were divided, 
and placed upon opposite sides of the court. This was 
the occasion of the incident I have referred to. Mr. 
Justice Blackburn had taken his seat and composed 



336 AMUSING SCENE. 

himself for the performance of his duties, when a lady, 
having arrived late, had to pass him to get to her party. 
Now, his lordship's legs being no unimportant portion 
of his body, her flounces became seriously entangled 
in her attempted passage, and for the moment the 
judge was lost sight of by the audience in front, whilst 
the lady presented the appearance of sitting upon his 
knee. The judge's voice was heard in no musical tones, 
and when relieved from the embarrassment he de- 
clared, in emphatic language, " that he never had been 
in such a position before " ; and this I am disposed to 
believe. 

I remember, amongst the allegations, there was a 
charge against the sitting member of personal bribery ; 
he was said to have committed it whilst in the com- 
pany of a lawyer, a clergyman, and a brewer. He 
and the two former stoutly denied the assertion ; the 
brewer was vacillating, and, oddly enough, upon the 
very day that he was to be called was thrown from 
his horse, and the injuries he sustained prevented his 
appearance as a witness. 

The counsel for the petitioner had great difficulties 
to contend with, from the case not having been well 
got up ; and Mr. Justice Blackburn was not then much 
experienced in the trial of election petitions. - He did 
not consider that the case was brought home with suf- 
ficient certainty, and, after an inquiry lasting for sev- 
eral days, Mr. Vickers was declared duly elected. 

I do not remember being in more than one election 
case before Mr. Justice Mellor — that of Petersfield, 
to which I have already alluded. In this poor Alfred 
Thesiger was opposed to me, and exhibited his usual 



TAMWORTH PETITION. 337 

skill. The petition was decided in favor of my client, 
but subsequently reversed upon a legal point. This 
learned judge possessed a great fund of common 
sense, and other qualities well calculated to adorn the 
bench. He 1ms always been a most kind and valued 
friend to me. Mr. Justice Grove, distinguished for 
his deep and varied scientific acquirements, and also 
an excellent lawyer, tried the petition presented 
against Sir Henry James. 

I am obliged to say that in the opinion I have 
formed of the other judges I cannot include Mr. Jus- 
tice Willes, and in the case of a petition against Sir 
Eobert Peel and Sir Henry Bulwer, the sitting mem- 
bers for the borough of Tamworth, his decision was 
received with the most unbounded astonishment, 
whilst the reasons given for it, and the observations 
accompanying them, were certainly unintelligible to 
any ordinary mind. There were one hundred and 
thirty men employed by an acknowledged agent of 
one of the sitting members, and paid for two days' 
work, the nomination and polling days. Nineteen 
of these men were voters. The work was a mere 
sham; there was no legitimate work for them to do, 
and they did none. This was urged upon the learned 
judge as conclusive proof of undue influence on the 
part of the agent in question. Mr. Justice Willes, 
however, assumed that they were hired to obtain 
popularity for the man who employed them. He cer- 
tainly added that he did not think that such a mode of 
gaining popularity by an agent just before an election 
was desirable. Still more extraordinary was the mode 
in which, in the most inflated language, he held up a 

land agent of Sir Robert's to admiration, and smoth- 
22 



338 MR - JUSTICE WILLES. 

erecl him with praise. There was a collection of small 
tenements that had been held by generations of the 
same tenants; they had practically descended from 
father to son, although it was usual for the occupiers 
to appear on a quarter-day at the bailm's house and 
go through the form of renewal. The agent can- 
vassed these poor people, hinting to one that some- 
thing should be done for repairs ; to another, a woman, 
that it would be better for her husband to vote for 
Bulwer; and conveying threats and promises through- 
out the entire neighborhood. 

The election took place ; and, on the quarter-day 
following, these poor people attended as usual for a re- 
newed of their leases, and in every instance where they 
had voted adversely it was refused. They w T ere, in 
addition, treated with the utmost harshness ; and in 
some instances, when they were unable to find a place 
to go to, higher rents were extorted from them — a pro- 
ceeding not attempted to be justified. It would occupy 
too much space to record the panegyrics lavished wpon 
this gentleman. But not content with this, the judge 
fell foul of me, with pretty much the same delicacy and 
taste with which he had praised the agent, concluding 
with the following not very intelligible sentences: 
"Allow if you will that he (the agent), like others 
whom I have known coming from the same part of 
the country, is somewhat dark, and hard, and angular 
in business matters, I am not to judge of his moral 
character. But I have known such men, and I have 
known them not only as truthful but as kindly as those 
who could gloze, and who could be base in matters 
of figures and facts." 

At the time he uttered this remarkable tirade I had 



ABSURD DECISION. 339 

left the court and gone to London, but received a let- 
ter from one of my friends, giving me an account of it, 
and saying that the judge had made his intention most 
marked by directing his words towards the space that 
I had occupied during the inquiry. I wrote to him re- 
quiring an explanation, to which he answered that he 
had not intended them to apply to me, which did not 
exalt my ideas of his accuracy, although it prevented 
me from taking other steps. His oration, which took 
up a considerable time, ended by retaining both mem- 
bers in their seats. 

I cannot account for his otherwise incredible conduct 
than by supposing that the position of the respondents 
exercised, perhaps unconsciously to himself, an influ- 
ence upon his mind, and threw a sort of glamour over 
his understanding. He was always given to over-re- 
fining, but upon this occasion his ingenuity surpassed 
the bounds of common sense, and absolutely traves- 
tied the facts of the case to force them into the de- 
cision on which he had determined. 

I have never made any concealment of my opinion 
of the behavior of Mr. Justice Willes in this case, and 
some time after it I received a letter from Mr. Peel, 
who had been the opponent of the sitting members at 
the election, requesting to know whether I had ad- 
vised the petition, and whether the facts had been cor- 
rectly stated to me. I answered in the affirmative, 
and added that the facts proved upon the trial were 
much stronger than those laid before me. 

Some time afterwards a piece of plate was present- 
ed to Mr. Peel by his supporters and friends, and up- 
on this occasion he referred to my letter in the follow- 
ing words: — 



340 SPEECH OF MR. PEEL. 

"The evidence collected was submitted to Serjeant 
Ballantine and Mr. Henry James, and they advised 
that a petition should be presented, which was accord- 
ingly done. Having heard the evidence given in court, 
he (Mr. Peel) was satisfied that bribery prevailed ex- 
tensively, especially in the case of the 130 men, who 
were employed by the agent of one candidate, and 
paid by the agent of the other. Intimidation was also 
clearly practiced, because threats were used, and aft- 
erward carried out ; but upon the trial astonishingly 
subtle distinctions were drawn between treating and 
reasonable refreshment and as to agency. He be- 
lieved that there was but one opinion in the country 
with regard to the trial, and that was that the failure 
of the petition was a miscarriage of justice. 

"Serjeant Ballantine having been asked whether 
he would advise a petition in a similar case again, said 
he should certainly do so, and be confident of a differ- 
ent decision from any other judge upon the bench, 
and that the grounds of the decision of Mr. Justice 
Willes were totally inexplicable to him. Mr. James 
in answer to the same question said that there were 
many reasons why he should not express an opinion 
about the judgment." 

Mr. Justice Willes possessed the reputation of be- 
ing one of the most profound and able lawyers upon 
the bench. His habits, as far as I had any opportu- 
nity of observing them, exhibited no cordiality, but I 
had always been upon perfectly good terms with him. 
He was in criminal cases a merciful judge, and im- 
pressed me as having a hatred of injustice and tyranny. 
He was, however, singularly emotional, and in another 
election petition in which I was engaged — it was that 



CHARACTER OF MR. JUSTICE W1LLES. 341 

of Penzance— he exhibited this trait in a ridiculous 
manner. An allegation of bribery against a doctor, I 
am not sure that he was not a veterinary surgeon, 
was strongly relied upon, and appeared to me to be 
fully made out; but his lordship almost burst into tears 
at the idea of a member of that "noble profession" 
being guilty of such a crime. It is more than prob- 
able that with this disposition and an enormous strain 
upon his mind, his naturally great intellect was shaken 
from its pedestal, and subsequent events have led me 
to believe that this was the cause of eccentricities 
which I should be sorry to attribute to motives of a 
more unworthy character. 



CHAPTER XXXI. 

THE UNION CLUB. 

T N the course of the foregoing pages I have fre- 
quently mentioned the Union Club, and as it is 
one of the earliest, if not the very first established 
upon the now existing basis of the principal clubs, it 
may not be altogether uninteresting to give some 
short sketch of its history. It is much older than is 
generally supposed, having come into existence in the 
early part of the year 1805. At one time there 
seemed to be a chance of its being christened The 
Cumberland, its original meetings being held in a 
house bearing that title, but I can only find one occa- 
sion when, for some twenty-four hours, it bore that 
name ; always after it was known by its present one. 

The first meeting of which any record exists took 
place on February 20th, in the year I have mentioned, 
and on this day the first committee was chosen ; it 
was headed by the Marquis of Headfort, Lord Rod en, 
and General Ormsby. There were upon it several 
officers of high rank and a Mr. John Spencer Smith, 
who, I fancy, was a member of the great banking 
(inn of Smith, Payne and Smith. 

It does not appear by the minutes to which I have 
342 



UNION CLUB. 343 

access what was done between that time and a meet- 
ing that took place upon February 3d, in the follow- 
ing year ; this was held at Cumberland House, and 
called a meeting of managers. Their names do not 
appear, but I conclude they consisted of the commit- 
tee previously chosen ; and a person of the name of 
Raggett, who was, I fancy, a tavern-keeper, was ap- 
pointed under the description of proprietor and con- 
ductor, and authorized to procure a house, and on 
March 16th following, there was a further resolution 
in which Mr. Raggett was called master, but no busi- 
ness was done until February 3d, 1807, in which the 
terms of subscription were settled at ten guineas a 
year, and one guinea for the servants, a guarantee be- 
ing given to Raggett that there should be no less num- 
ber of members than 250 ; that gentlemen should be 
elected by ballot, which was to take place between 11 
at night and 1 o'clock in the morning. 

It is strange that amongst the minutes in possession 
now of the club I cannot find with any certainty what 
proceedings took place between that period and January 
30th, 1812, nor even where the evening meetings took 
place. I am inclined to believe they were at the house 
of the Duke of Leeds, in St. James's Square; the club, 
however, does not, up to that date, appear to have at- 
tained any considerable success, as I gather from the 
proceedings that then took place. Mr. Raggett express- 
ed a desire to throw up his engagement, as there were 
not a sufficient number of members to make it remu- 
nerative, and in consequence it was determined that 
fifty new ones should be elected, which seems to have 
been immediately done, and the number readily ob- 



344 UNION CLUB. 

tained. When this had been achieved the club ap- 
peared to float on without difficulty. Amongst the 
number there were no less than fifty-six members of 
the House of Peers, including the Dukes of York and 
Sussex, Richmond and Devonshire, the Marquis of 
Wellesley, Duke of Argyll, Lord Granville, Leveson 
Grower, Marquis of Hertford, Lord Peterborough, 
Lord Stair, and, most celebrated of all, Lord Byron. 

There were also members of the firm of the Bar- 
ings, and also the Messrs. Hoare, and, amongst names 
still remembered, Sir Jonah Barrington, Quintin Dick, 
and Mr. Labouchere. 

At this time it was, in the strictest sense of the 
term, a proprietary club, which, I believe, was the 
case of all others then existing. The principal of 
these were Brooks's and White's, the Travelers', and 
the United Service ; and so it continued until the 
year 1821, in the August of which it was established 
substantially in its present form, and, I believe, was 
the first club that adopted it. A committee of five 
was appointed to carry it out, and the success that 
followed is not wonderful, as one of the greatest men 
of any age assisted in the task, the Right Hon. Sir 
Robert Peel. The other members were Viscount 
Gage, Lord Lowther, Pascoe Grenfell, and George 
Hammersley, and under their auspices the Union 
Club took the form under which, with slight varia- 
tions, it still exists. The plot of land upon which the 
house was built was secured at a rental of £306 per 
annum, and has now forty years to run, and the house 
itself was built under the direction of Mr. Smirke, 
the architect, who was selected by the committee m 



LA WYERS AND BANKERS. 345 

consequence of having designed that occupied by the 
United Service. I cannot find that there are any dis- 
tinguished members of the bench or bar amongst 
those originally elected ; indeed, I do not recognize a 
single specimen ; neither is the Church represented. 
I suppose that in the early period of the century 
graver and more improving occupations than those of 
club life occupied the time of both professions. 

I became a member in 1852, and the bar had nu- 
merous representatives by no means undistinguished 
at that date, or shortly after : Jervis, afterwards Chief 
Justice of the Common Pleas ; Maule, a judge of the 
same court ; Lord Justice Knight Bruce, Mr. Mon- 
tague Chambers, Lord Justice Selwyn, Mr. Justice 
Byles, and many others. There was also a good 
sprinkling of eminent bankers, including two or three 
members of the Messrs. Goslings, one of the oldest 
firms in London, and from whom I have received 
many acts of kindness. One of them used to play the 
moderate whist to which players were confined by the 
rules of the club. I can remember him so well. He 
looked, what he was, the picture of a gentleman of 
the old school, and it was pleasant to see him riding 
his well-bred cob quietly along the park. 

There was another banker, a very old gentleman, 
who made his appearance only occasionally. I have 
already mentioned him as a friend of Sir Frederick 
Pollock, and as one of his great supporters at Hunt- 
ingdon, where he carried on his business. His name 
was Veasey, and he was the oldest banker in England ; 
I believe I am right in saying that in that capacity he 
used to preside at an annual dinner of the members 



346 MR - y^ASEY. 

of the profession. His age must have been very great 
at the time of his death, but almost to the last he main- 
tained a jaunty air and juvenile dress, with old-fash- 
ioned courteous manners. In one sense he was part 
of my family history, having been trustee in diiferent 
settlements in which my mother was interested. He 
occupied a house in the town of Huntingdon that had 
once belonged to her. 1 

On one occasion, some years before his death, I 
happened to be in this town upon professional busi- 
ness, and dined with him. He took me before dinner 
into a little side room, in which there was an old-fash- 
ioned window, and pointing to one of its panes said, 
" There your poor mother scratched her name with 
her diamond ring ; it shall never be removed in my 
time." And there, truly enough, was " Betsy Cole," 
written at least eighty years before. It was not easy 
when I was a candidate to secure election to the club, 
and, notwithstanding the distinguished men I have 
mentioned, lawyers were unpopular ; but I was fortu- 
nate in my sponsors. Sir Frederick Slade, the Queen's 
Counsel, was one of them, and Sir Henry Webb, a 
man greatly courted in society and liked in the club, 
was the other. Sir John Bay ley and Sir Thomas 
Henry, the chief magistrate of Bow Street, very warmly 
supported me. All those whose names I have men- 
tioned are dead, as also*many others whom I recall 
with a feeling of sadness, and with whom I have en- 
joyed many pleasant hours. As I have already men- 
tioned, I was intimate with Mr. Justice Maule, and 

i He dressed in imitation of George IV., but this was his only foible that 
ever I discovered. 



SIR THOMAS HENRY. 347 

have expressed the high opinion I had of his intellect. 
Lord Justice Knight Bruce possessed many brilliant 
qualities, and certainly was one of the most vivacious 
companions that I ever met with. Selwyn seemed a 
very kind and easy-tempered man, and was a great 
scholar, an accomplished lawyer, and the picture of 
health. I have heard he lost his life at a comparative- 
ly early age through the effects of a surgical operation. 

I cannot close my memories of the club during, to 
me, its old days, without a few more words of Sir 
Thomas Henry, who remained a sincere friend to the 
end of his career. At some private houses where we 
frequently met he was an immense favorite and always 
welcome guest. As a magistrate he commanded, 
and justly, great respect, and was in fact an excellent 
officer. His legal knowledge had been obtained by 
study, and he never made any mark at the bar. He 
was appointed when unusually young, as were two of 
his contemporaries, Norton and Hardwick. They 
were all three gentlemen ; and the two latter, as well 
as Henry, fully justified their appointment. His death 
was very sad. It was his duty on race days to sit in 
a temporary office at Epsom, and on one ungenial oc- 
casion he got chilled and was not attended to, although 
his illness ought to have been apparent, and for a long 
time he was kept out in the cold ; a very little care 
and a slight restorative would have saved a valuable 
life probably for many years. 

I came out of the club one day and found Selwyn 
talking to a gentleman in the guise of a bishop ; he 
introduced me to him. It was Lord Auckland, Bishop 
of Bath and Wells. Selwyn left him at the corner of 



348 ANECDOTE. 

Pall Mall, and his lordship and myself walked togethei 
up St. James's Street, down Piccadilly, to Hyde Park 
Corner. Of course there were many respectful salu= 
tations to him, and several people we met recognized 
me ; they must have felt a good deal of surprise at the 
company in which they saw me. He was very courtly 
and pleasing, but I could not forbear at parting to take 
off my hat, and with a low bow said, " My lord, you 
have ruined my character." He gave a good-humored 
smile, and expressed a hope that he had improved it. 

The foregoing incident brings to my mind a trip I 
had to the Derby in very different company. There 
were four of us, all men, in a barouche, and one of 
my companions had brought his butler with him, who 
was clad in a white neckcloth. A lot of roughs rec- 
ognized me, and one of them shouted out, " There 
goes the serjeant with his domestic chaplain." We 
very soon made him doff the garb that involved me in 
such a calumny. 

The following story has gone the round of the pro- 
fession, but has probably not traveled beyond it. It 
relates to two Queen's counsel ; one of them at all 
events deserves some description. He was a man who 
had fought a singularly energetic battle against feeble 
health with great success, and, possessing strong good 
sense, had become one of the most eminent members 
of the bar. He was fond of the turf in a prudent way, 
and knew a good deal about it. " He would have 
made a splendid jockey," once said one of his admirers; 
" what a pity he took to the law !" This, however, 
was not his opinion, and he realized the largest fortune 
ever made at it. Moreover, he loved the work as 
well as the money he made by it, 



ANECDOTE. 349 

The other party to this anecdote was of a different 
type. He had been obliged to work to live, and did 
not love it. He had, however, obtained reasonable 
success. He liked amusement, and sought it, and 
considered a Long Vacation ought to be devoted to 
nothing else. One day, just after the conclusion of 
this period of legal holiday, the two counsel met. 
They were old acquaintances, and were on the same 
circuit. " What have you been doing ?" was the nat- 
ural question of one to the other ; and an account was 
given by the latter of his trip upon the Continent. 
" Well," said the former, " I have not stirred from 
town, and have been doing lots of work." " What is 
the use of it V was the observation made ; " you can- 
not carry your money with you, and if you did it would 
soon melt." 

His money-making is now at an end, and at present 
his earnings are in no danger. He is in the service of 
his country, and seems to love work just as much now 
as when very tempting figures were endorsed upon 
every case in which he was engaged. 



CHAPTER XXXII. 

MADAME EACHEL. 

T N one of the worst haunts of the metropolis there 
resided in the days that I practiced at the Mid- 
dlesex Sessions a Jewess called Rachel. Her name 
and her occupation were not unfrequently brought 
to the attention of the magistrates ; a further de- 
scription of them would not be desirable. 

I saw her,without knowing either who she was or her 
calling, behind the scenes at Drury Lane Theatre. Her 
ostensible object was to sell articles of dress to the 
female employees. Her real business was brought to 
light by one of them throwing the contents of a glass 
of porter into her face in response to an insulting prop- 
osition ; she never to my knowledge appeared there 
afterwards. The next that was heard of her was keep- 
ing a shop in Bond Street, ostensibly for the sale of 
perfumes and cosmetics, but in reality for the pur- 
poses of extortion and robbery. On a certain occa- 
sion the wife of Admiral C unwarily entered it 

for the purchase of some trifling article. Madame 
Rachel was singularly plausible, and induced her cus- 
tomer to purchase from time to time other matters to 
a small amount, and sent in an exorbitant bill for them, 
350 



MADAME RACHEL. 35^ 

which I believe was paid, and Mrs. C discontin- 
ued her patronage. Upon this happening, a claim ar- 
rived amounting to £1,000, upon the allegation that 
Mrs. C — — had been cured by Madame's aid of some 
skin affection ; dark hints of other matters accompa- 
nying the claim. There was not a word of truth in 
the assertions or insinuations, and the Admiral most 
properly resisted the claim, which was scouted with 
disgust and indignation by a jury. 

Madame Rachel, however, was not discouraged, and 
still professed the power of making ladies beautiful 
forever, and, strange as it may appear, there were 
many who yielded to the pleasing belief. Amongst 
them was a lady, who once upon a time had been a 
beauty, was possessed of a fortune, and thought that 
it could not be better employed than in securing a 
continuance, or rather reproduction, of her charms, 
and she was persuaded that the effect already pro- 
duced had inflamed the heart of a nobleman of dis- 
tinguished appearance, well known about town, and 
that a letter fabricated by Madame Rachel was the 
genuine outpouring of that gentleman's sudden and 
enthusiastic passion. She obtained from her dupe 
large sums of money, and, emboldened by success, 
demanded larger, and actually caused her victim to 
be arrested for a supposed debt. This brought mat- 
ters to a climax, and friends interfering, Madame made 
her appearance at Marlborough Street Police Court, 
and was committed for trial at the Central Court. The 
quondam beauty — a skeleton encased apparently in 
plaster of Paris, painted pink and white, and sur- 
mounted with a juvenile wig — tottered into the wit- 



352 TRIAL OF MADAME RACHEL. 

n ess-box. The folly she had exhibited and her child- 
ish mode of giving evidence probably led some of the 
jury to distrust her, and they were discharged with- 
out a verdict. 

Upon a subsequent sessions Rachel was tried be- 
fore Mr. Commissioner Kerr, a gentleman of very 
sound sense, and was without much hesitation con- 
victed and sentenced to five years' imprisonment. I 
prosecuted upon both occasions, and on the first, 
through a false impression, made an observation about 
the nobleman whose name had been mentioned, which 
I afterwards felt was not justified and I greatly re- 
gretted. The fact was, that there was nothing more 
impudent perpetrated in the case than the use of his 
name by Madame Rachel, and for which it turned out 
there was not the slightest pretense. 

The prison discipline did not apparently possess 
much influence upon Madame, who took to her old 
courses immediately the term had expired, and, by a 
similar process to that she had already gone through, 
found her way back again to prison, and there died ; 
not, however, before she had done much mischief, 
darkened many a home, and led many girls, who but 
for her might have been happy and contented, into 
misery and crime. She was one of the most filthy 
and dangerous moral pests that have existed in my 
time and within my observation. 

In the year 1845 I was counsel at the Central Court 
in a case that excited interest at the time of its occur- 
rence. It presented some curious facts, and although 
no doubt could arise as to the guilt of the accused 
man, there was nevertheless a mystery connected with 
the deed which was never explained. 



HOOKER IN NEWGATE. 353 

A gentleman of respectable position was found ly- 
ing with his throat cut, and perfectly dead, in a lane 
between what then was Chalk Farm and BelsizePark; 
his name was De la Rue. Whilst a constable was 
standing by his body, a young man dressed in a gen- 
tlemanly manner came up, made some remark to the 
policeman, leaned over the body, examined it, and felt 
the pulse. He appeared perfectly calm and unem- 
barrassed. His name was Hocker, and he was the 
murderer. On the body of the deceased was found 
a letter signed Caroline, asking De la Rue to meet her 
at the spot where the body was found ; this letter was 
proved to be in the handwriting of the prisoner, and 
property of value that had belonged to Mr. De la Rue 
was found upon Hocker's person. 

The impulse that brought him back to the body 
of the man he had slain was indeed strange, and the 
coolness with which he felt and examined it showed 
marvelous power of self-control. The trial took place 
before Mr. Justice Coleridge, and is one of those which 
exhibited the excellent qualities as a judge that he 
possessed. The difficulty that arose of explaining in 
any intelligible way the letter or the connection that 
existed between the parties made him extremely anx 
ious, and my instructions furnished no clue to solving 
the difficulty, yet I felt there might be some explana- 
tion, and for the first and only time in my life that I 
ever did so, I requested and obtained an interview 
with the prisoner. It took place in Newgate, during 
the midday adjournment of the Court, and remains 
vividly upon my memory. He was quite young, 
scarcely twenty years old ; he was seated upon a wood- 
en bench in a small square cell, whitewashed, and 
23 



354 FRANZ MULLER. 

without other furniture, himself quite calm and self- 
possessed. He would give no further statement than 
that I had already received. I told him that I could 
not put it forward with any hope of success, and ad- 
vised him, if he insisted upon adhering to it, to make 
i himself. He said he preferred to do so, and ac- 
cordingly he conveyed it to the jury without any ex- 
hibition of nervousness, although, I am confident, with- 
out hope. If the facts proved had left any possible 
conclusion but that of guilt it would have been enforc- 
ed upon the jury, who had no alternative but to find 
a verdict of guilty, and he was necessarily condemned 
to death, which he suffered, showing no sign of either 
repentance or fear. Mr. Clarkson led me in this case 
and concurred in my view. 

Whilst visiting my chamber of horrors I may be ex- 
cused for exhuming another trial in which I was also 
engaged, leading on this occasion for the Crown ; it 
was the case of Franz Miiller, a German, charged 
with the murder of Mr. Briggs in a railway carriage. 
The prosecution of Lefroy, which has recently caused 
so much attention, has, from its similarity in many of 
its circumstances, brought it into notice. And the 
two cases are in many respects alike, both being con- 
clusively proved by circumstantial evidence, and in 
both the prisoner declaring his innocence almost to 
the last. It is very satisfactory to feel that the means 
used after the conviction of the latter criminal to raise 
an issue that had never been suggested when it could 
have been properly tested were not countenanced, 
either by the learned judge who tried him or by the 
Home Office authorities. 1 

1 An endeavor was made after the trial to show that Lefroy was insane. 



MORRISON AND BELCHER. 355 

I will now call the attention of my readers to some 
more amusing legal incidents ; the locality, although 
a near neighbor of the Old Bailey, is not redolent of 
crime; it is the Court of Queen's Bench, Guildhall. 
Sir Alexander Cockburn is the presiding judge, and 
the trial about to take place one of considerable in- 
terest. There were several members of the aristocra- 
cy present, amongst them the Marchioness of Ailes- 
bury, Sir Edward Bulwer Lytton, the Earl of Wilton, 
and Lord Harry Vane ; whilst the Church was rep- 
resented by the Bishop of Lichfield and Dr. Robin- 
son, the Master of the Temple. The occasion that 
drew these noble and reverend personages to an un- 
accustomed scene was an action brought by Lieuten- 
ant Morrison against Admiral Belcher for libel. The 
plaintiff called himself an astrologer, and was the au- 
thor of " Zadkiel's Almanack," whom the Admiral had 
practically denounced as a cheat and impostor. Mr. 
Serjeant Shee was counsel for Lieutenant Morrison, 
I was retained for the defendant, and the ground up- 
on which he founded his attack was that some years 
before the plaintiff had asserted that he was upon 
terms of acquaintance with certain spirits of another 
world, who exhibited themselves through the medium 
of a crystal ball, and there was no doubt that he had 
claimed this remarkable privilege, and had exhibited 
proofs of it before the different distinguished people 
who appeared in court as his witnesses, although they 
did not all of them fully support his claim. The 
presence of the clergy might be accounted for by his 
most intimate friend and constant visitor being St. 
Luke, who conversed in the English language, and 



356 "ZADKIEL'S ALMANACK." 

associated with him upon familiar terms. A young 
person who gave the name of Eva also visited him ; 
but the most pleasant of his acquaintances was Titania, 
who appeared to have been permitted by her lord 
and master to be a frequent guest. One of the ladies 
who was called as a witness on the plaintiff's behalf 
at the trial deposed that she had seen her mother re- 
flected in the ball, and also a knight clad in complete 
armor, but of whose conduct she did not entirely ap- 
prove, as there was a young lady attired in pink, to 
whom he was evidently paying very marked attention. 
The witness who gave this evidence was neither 
young nor flighty, and gave it with much earnestness 
and solemnity, ending by declaring that the scene 
would never pass from her memory. 

I was somewhat surprised to see Dr. Robinson 
amongst the believers, as from all I had heard of his 
discourses in the Temple Church he was by no means, 
of an imaginative turn of mind. 1 

The reading of the almanack, and the different au- 
guries connected with the birth of great men, together 
with prophecies as to the date of their dissolution, 
afforded much amusement. Brougham was bound to 
have been dead, but unfortunately had survived the 
event foretold, and several others had disappointed 
the predictions of the sage. Much laughter was oc- 
casioned by a description of the singular brilliancy 
presented by the planets Mars and Venus upon the 
birth of Lord Palmerston. The Chief Justice Cock- 

1 Dr. Robinson appeared to take much interest in the case ; but 1 am as- 
sured, upon the thoroughly reliable authority of the Rev. Canon Cooke, that 
Dr. Robinson was neither a believer nor supporter of Zadkiel. 



MR. SLADE. 357 

burn reveled in the case, which terminated in a ver- 
dict for twenty shillings, the judge refusing to certify 
for costs. Sir Edward Lytton Bulwer was examined, 
but did not support the plaintiff's supernatural claim, 
although he evidently disapproved of the levity exhib- 
ited in court. 

Admiral Sir Edward Belcher was a most distin- 
guished and gallant officer. He had commanded two 
or three Arctic expeditions, but was not, however, a 
popular officer. He was very much of a martinet, al- 
though, as far as I was able to judge, by no means of 
a cruel or inhuman disposition ; latterly he was not 
employed according to his expectations, and showed 
a good deal of disappointment in consequence. I knew 
him very well ; he was singularly well informed, al- 
though somewhat speculative. Private matters, of 
the rights of which none but the parties to them could 
form a judgment, had greatly embittered his life. 
There was a singular physical fact connected wilh 
him — he had entirely lost the sense of taste ; this he 
frequently complained of, and could not account for. 
A friend of mine, an eminent member of the bar, suf- 
fers in the same way, but is able to trace the phe- 
nomenon to the shock that he suffered in a railway 
collision. 

Not many years ago it became my duty to repre- 
sent an American gentleman named Slade, who, like 
Mr. Morrison, professed an intimate acquaintance with 
the world of spirits, and also obtained a considerable 
number of believers. A scientific doctor alleged that 
his proceedings were mere tricks, and undertook to 
expose them ; and a magistrate, before whom evi- 



358 MIDDLESEX MAGISTRATES. 

clence to this effect was given, committed him as a 
rogue and vagabond to gaol. From this decision he 
appealed to the Court of Quarter Sessions, where I 
appeared as his counsel, and an amusing though not 
very edifying scene occurred. The bench presented 
the appearance that it does upon the gala clays, when 
the morals of dancing and music are discussed by sol 
emu tongues. Justices filled every corner of it, and 
no one entertained much doubt for what they had 
r.ome. Mr. Edlin, assistant judge, occupied the chair. 
I took a purely legal objection to the conviction, wdiich 
was argued at considerable length, and the chairman 
was prepared to decide in its favor, but to this his 
brethren demurred, and the court adjourned. After 
a very considerable delay, they returned, Mr. Edlin 
took his seat, and amidst signs of astonishment exhib- 
ited upon the faces of the magistrates, quashed the 
conviction, which they subsequently declared he had 
no authority whatever to do, and, indeed, stated that 
he acted in direct antagonism to the opinions of the 
majority. No doubt this was the case, and quite un- 
warrantable, but at the same time he was the proper 
person to decide a point of law. There were only 
two or three others upon the bench who knew any- 
thing about it, or could understand the argument, 
even if they had tried to do so, and his judgment ought 
to have been decisive upon it. It would be an un- 
satisfactory state of things that the guilt or innocence 
of an accused person should be determined by the 
vote of a majority. It must be remembered that the 
conviction, if affirmed, involved imprisonment, and 
was, therefore, just as serious in its result as if it had 



MIDDLESEX MAGISTRATES. 359 

been tried before a jury, who must be unanimous, 
and are under the obligation of an oath. I am aware 
that magistrates sit constantly with the chairman to 
decide appeals, but these are rarely m sensational 

cases. -I j • 

Mr. Slade took an early departure from a land in 
which his powers had been appreciated in so unsat- 
isfactory a manner to himself. 



CHAPTER XXXIII. 

EISK ALLAH. LANDSEEE. COCKBUEN. 

A BOUT the same period, I met three remarkable 
personages : Risk Allah Bey, Sir Edwin Land- 
seer, and Sir Alexander Cockburn. It is many years 
ago, in the days when the world was all before me. 
The first was a foreigner who became afterwards a 
celebrity in the law courts. The second was an ar- 
tist whose works will never be forgotten, and whose 
genial qualities will never be surpassed ; the third, a 
brilliant orator, accomplished lawyer, and ultimately 
Lord Chief Justice of England. 

Thackeray, in his novel of "The Newcomes," re- 
marks how easy the entrance is into society of a for- 
eigner possessing agreeable and plausible manners, 
without those formalities with which it fences itself 
against the inroads of its own country-people. Risk 
Allah was handsome, his manners polished, his cos- 
tume picturesque. I did not admire his face, and when 
many years afterwards I saw him under the circum- 
stances I am about to describe, I thought it repul- 
sive. He was apparently upon terms of some in- 
timacy with Sir Alexander Cockburn, who, like 
himself, was an accomplished linguist, and not un- 
willing to display his accomplishment in this respect. 
In the year 1857 Risk Allah married an English 
360 



RISK ALLAH. 3g^ 

lady of the name of Lewis, who possessed a consider* 
able fortune. Connected with her, in some way that I 
do not now remember, was a lad named Charles Read- 
ley. Risk Allah was entitled in the event of his wife's 
death to the possession of her fortune. The lady, 
shortly after he married her, fell into bad health, to 
which after some time she succumbed; and Risk Allah 
succeeded to a large sum of money, and to the care of 
the young man, who was of weakly constitution and 
suffered from epileptic fits. He was entitled to 
£5,000, which reverted upon his death to Risk Allah. 
Readley had also made a will and insured his life in 
that gentleman's favor. Such being the condition of 
affairs, these two were in March, 1865, staying at the 
Hotel du Rhin at Antwerp, and happened to be the 
only visitors in the hotel. Readley was alive, and, ac- 
cording to the evidence of a chambermaid, was, on one 
morning of the above month, at seven o'clock, sleeping 
quietly. At nine o'clock he was found dead in his bed, 
with a wound in his throat, and a discharged gun by 
his bedside. 

It was suggested that he had committed suicide ; 
but suspicion attached to Risk Allah, who was appre- 
hended and subsequently put upon his trial before the 
Supreme Criminal Court at Brussels, charged with the 
murder of the young man. Much and very lengthy 
evidence was given on both sides, and long arguments 
supplied by able advocates ; and the result was, after 
a patient summing-up by the presiding judge, that 
Risk Allah was acquitted. 

He was also accused of complicity with a person 
named Osman in a number of frauds. There was no 



3G2 A CTION A GAINST THE " TELEGRAPH." 

doubt of the roguery of this person, and that his pro- 
ceedings had been very extensive, but the court came 
to the conclusion that Risk Allah had been a victim 
and not an accomplice in his offenses. 

There was another matter which threw suspicion 
upon him in connection with two forged checks. This, 
however, was fully gone into before the tribunal at 
Brussels ; and of this also he was acquitted. 1 

A number of experts upon handwriting were called 
on both sides, and also experts to show that from the 
position of the body Readley might have shot himself. 

Some articles appeared in the " Daily Telegraph " 
newspaper commenting upon the trial with a great 
deal of force and ability, but there could be no doubt 
that the guilt of the accused was more than suggested, 
and Risk Allah brought an action for libel against the 
proprietors. After an acquittal by a competent tribu- 
nal, it would not have been right or prudent to plead 
a justification, and under these circumstances, the only 
question that could be submitted to a jury was that 
of damages, and the case came on to be tried, in June, 
1868, before Sir Alexander Cockburn. Mr. Serjeant 
Parry appeared for Risk Allah, and made an extremely 
eloquent speech on his behalf. Mr. Coleridge, the 
present Chief Justice of England, who led me for the 
" Daily Telegraph," said all that could be urged under 
the circumstances. Sir Alexander Cockburn summed 
up with perfect fairness, and the jury returned a ver- 
dict for £960, which, under all the circumstances, 
could not be considered exorbitant. 

1 These three charges were, in accordance with Belgian law, included in 
one indictment. 



) 

RISK ALLAH AND INSURANCE COMPANY. 363 

On July 2d, in the same year, Risk Allah made an- 
other appearance before the same judge, again in the 
character of a complainant, and again the victim, by 
his own account, of a series of disastrous circumstances 
in which he was the injured person. These occurred 
after his adventures in Belgium, and the story was 
developed in an action brought by him in the Court 
of Queen's Bench against the British and Foreign Ma- 
rine Insurance Company for the sum of £3,000, for 
which amount he held an insurance in that company. 
Mr. Serjeant Parry was again his counsel, and I led 
for the defense. The story Risk Allah told was a 
very remarkable one. He was, he said, previous to 
the occurrence afterwards detailed, considerably in 
debt, and being moved by his desire to pay his credit- 
ors, he collected from a variety of sources the amount 
he claimed from the company ; this he turned into 
specie, and it realized £3,000 in gold. He kept his 
good intentions to himself, none of his creditors heard of 
the favorable news, nor did he blazon forth to strangers 
the information, or exhibit the money, although sev- 
eral persons were shown the parcel said to contain it. 
He secreted it about his person, which was quite nat- 
ural, as he was then at Constantinople, where, as in 
other great cities, all people do not possess such hon- 
est dispositions as he did. The only memorandum he 
had verifying his possession of the money was con- 
tained in a pocket-book also upon his person. He 
knew that the noble sacrifice he was about to make 
would leave him penniless, but he had determined to 
dedicate his life to his country, and enlist under the 
renowned chieftain, Omar Pasha. Having taken the 



364 TRIAL OF ACTION. 

precaution of insuring his treasure with the company I 
represented, and hugging his valuable freight close to 
his body, he embarked in a boat on the shores of the 
Bosphorus, for the purpose of reaching the ship that 
was to carry him to those climes where he could light- 
en his conscience and his pockets ; but Providence, it 
would appear, does not always watch over the virtuous, 
or prosper their efforts, however intended for the ben- 
efit of others, for, just as he was stepping on board, 
souse he went into the sea. 

Fortunately for himself, Risk Allah was an excel- 
lent swimmer, and, reaching the top, was rescued ; 
the bag remained at the bottom ; and his misfortunes 
did not end there, for he might still have felt a happy 
consciousness that his note-book would show to the 
world his unluckily frustrated intentions. Alas! here 
again cruel fate pursued him, for the good Samaritan 
who had rescued him from drowning deprived him 
even of this consolation by picking his pocket of the 
valuable document. So that, beyond the credit that 
could be attached to his own relation, he had not a 
scrap of evidence to support the claim he made against 
the company for the loss, and it is obvious that there 
were no witnesses that could be called for my clients, 
so that I was obliged in reply to rely upon the im- 
probability of the story and Risk Allah's antecedents. 
I commented upon the extraordinary features that had 
characterized his life, and upon the strange positions 
in which he had contrived to place himself. I vent- 
ured to suggest that, however innocent he may have 
been, the perils he had incurred would naturally have 
induced him to protect himself from suspicion in subse- 



RESULT OF A CTION. 3^5 

quent transactions, that nothing could have been more 
easy than to have obtained a dozen witnesses to prove 
the contents of the bag, and also the means by which he 
had obtained them. The case, as I have said, did not 
admit of my calling witnesses. To my great surprise 
the Lord Chief Justice took a strong view in favor of 
the plaintiff. I am confident it was a sincere one, 
although I think that a feeling of sympathy had cre- 
ated it rather than the calm judgment which ought to 
have governed his views. He was extremely elo- 
quent, and appealed strongly to the jury in favor of 
Risk Allah, pointing out that my speech had been pure 
declamation, and that I had called no witnesses, ig- 
noring altogether the impossibility of my doing so. The 
jury, after deliberating for a long time, were ultimately 
discharged without giving a verdict, one of them re- 
marking, in relation to Risk Allah intending to pay his 
creditors, "My Lord, I cannot swallow that!" 

Risk Allah never afterwards, to my knowledge, 
made any other appearance upon our shores, and what 
is his true history will never, perhaps, be disclosed in 
this world. 

It will be within the recollection of those who have 
perused the account of my early days, that in Ser- 
jeants' Inn, Fleet Street, at the time my father resided 
there, so also did Mr. Wilde, afterwards Mr. Serjeant 
Wilde, Solicitor-General, Chief Justice of the Com- 
mon Pleas, and Lord Chancellor. He had only ob- 
tained the degree of the coif when I was first called 
to the bar ; however, I remember upon one occasion 
being his junior, and although I cannot recall either 
the name or nature of the case, I have a very distinct 



366 SIR THOMAS WILDE. 

recollection of a consultation at his chambers, which 
lasted from eight until twelve o'clock. He was prob- 
ably one of the most laborious and painstaking men 
that ©ver practiced, and in many respects the late Sir 
John Karslake reminded me of him. Like him, his 
earnest and anxious attention to work impaired his 
health, and brought on, as it did with Sir John, severe 
neuralgia, amounting in fact to tic douloureux, which re- 
sulted, as was probably the case with the latter gentle- 
man, in softening of the brain. He also bravely conduct- 
ed causes of great importance with infinite skill whilst 
suffering the acutest agonies. This was the case with 
the celebrated appeal in Small and Attwood, in the 
House of Lords, and in which he succeeded in obtain- 
ing a reversal of the judgment pronounced by Lord 
Lyndhurst, in the Court of Exchequer. He obtained 
permission to argue the case without his wig, in con- 
sequence of the acuteness of his suffering. 

An amusing circumstance occurred in the middle of 
his argument. His client had made him a present of a 
pair of carriage horses, and one day shortly after this 
event his servant came into the breakfast-room with 
a very long face and told his master that Attwood 
was dead, at which naturally he was much shocked. 
Upon inquiry, however, it turned out that his coach- 
man had christened the two horses Small and Att- 
wood, and that it was one of these that had departed 
this life. 

I remember one occasion in connection with this 
judge illustrative of the necessity of adapting punish- 
ment to the opinion of the public — it was after he 
had become Chief Justice, and he was presiding in 



EVIL OF UNPOPULAR SENTENCES. 3(37 

tlie Crown Court at the Kingston Assizes. He de- 
ferred sentencing the . prisoners convicted upon the 
first day until the following morning, and then sen- 
tenced several of them to be flogged ; there was not 
another conviction during the whole assizes. 1 He 
was a very pleasant judge to counsel, but inclined to 
be severe to criminals. 

I met him once after his retirement at Wiesbaden. 
He was staying at the Hotel de Quatre Saisons, amus- 
ingly nicknamed the Quarter Sessions, from the num- 
ber of lawyers that patronized it. He was then man- 
ifestly in bad health, although I did not discover any 
mental weakness ; he was pleased with the attention 
I was glad to pay him, ^aid rewarded me with much 
pleasant gossip. He Lad a very great admiration for 
the talent of Mr. Aloipbus^ and confirmed the view 
that I have already expressed of that gentleman, that, 
but for his temper, he would have become a very dis- 
tinguished member oi the bar. Lord Truro and Sir 
Frederick Pollock, wdiilst poles asunder in politics, 
had been all their lives fast friends; but although 
each had led a life of intense labor, the mental re- 
sults were very different, which may be accounted 
for by Sir Frederick being so polished and accom- 
plished a scholar, whilst Lord Truro was entirely un- 
educated. I believe he was the uncle of Lord Pen- 
zance. There was another very great friend of Lord 
Truro, a man of ability, Matthew Davenport Hill, very 
much of the type of Lord Truro himself, and he also 
was a poignant sufferer from a similar malady, tic 

1 The sentences may have been on a later day ; upon this point my mem- 
ory does not serve me, but I remember well the effect. 



368 MATTHEW DAVENPORT HILL. 

douloureux. When Truro was Chancellor he was 
anxious to make Hill a judge, but unfortunately that 
gentleman had got into some scrape by disclosing a 
communication intended to be confidential, and the 
Cabinet put such a pressure upon the Chancellor 
that he was forced to give up his intention, and 
appointed Martin, the son-in-law of his old friend 
Pollock. 

I do not know whether it was from Truro or Pol- 
lock that I heard the following incident : When they 
were both at the bar, the latter was retained to de- 
fend a clergyman in Norfolk for a serious, and indeed, 
although he was out on bail, a capital offense, and in 
a consultation that gentleman admitted his guilt to the 
counsel. Sir Frederick felt that this knowledge would 
embarrass his conduct of the defense, especially as it 
was a question of the credit of certain witnesses, and 
requested and obtained permission to give up his brief, 
which came afterwards into the hands of Sir Thomas 
Wilde, to whom the same admission was not made, 
and he obtained an acquittal. Pollock had no doubt 
that it would have been his duty, after accepting the 
retainer, to conduct the case, if his client had insisted 
upon it. 

I never met Lord Truro afterwards, but with him 
and Pollock terminated a generation of great lawyers 



CHAPTER XXXIV. 

MR. LANDSEEE. 

T N a former chapter I have mentioned a meeting of 
literary and theatrical personages, and others whc 
delighted in such society, held at the old and well- 
known tavern called the Piazza in Covent Garden. 
They did not assemble very early, indeed nowadays 
they could not have met at all. The stern command 
of Policeman A. would have barred their entrance. 
At that time, however, taverns as well as clubs were 
open at all times, and the hours chosen by those who 
frequented the assembly in question were generally 
the small ones. 

Conversation was the order of the day, or night, 
which made it rather remarkable that a gentleman 
who could not hear a word that was said should have 
been one of the most constant visitors. This was Mr. 
Land seer, a brother of the celebrated artist, himself an 
engraver of reputation, but unfortunately stone deaf. 
I cannot, however, recall him to my memory with- 
out feelings of gratitude, if only for the pleasure he 
afforded me upon one or two occasions of meeting the 
eminent artist. I know of no one whose works have 
for me a greater fascination. He has spiritualized ani- 
24 369 



370 SIE ED WIN LANDSEER. 

mal life, and has given it an affinity to the human race, 
and yet has neither destroyed nor altered its natural 
characteristics. We see told upon his canvas the no- 
bility, of which in the higher animals so many exam- 
ples have been proved to exist, and in dealing with 
those which fill a humbler space in nature he has cre- 
ated a poetry essentially his own. One wonders what 
those two squirrels are saying to each other. Evi- 
dently they must have discovered a feast of filberts, 
or some other great event in their woodland lives. Sir 
Edwin was, as far as I could judge from the little I 
saw of him, very unaffected and kindly, as indeed 
from his works he must have been, and the following 
anecdote shows that he had no small sense of humor. 
I had the honor of having him upon one occasion 
as a client; it is as far back as 1862 ; the question 
involved was undoubtedly one of art, although not of 
such a character as might have been expected. The 
plaintiff's profession was that of a tailor, a very emi- 
nent one at the west end of London ; and he sued 
Sir Edwin for payment for a work that he had 
executed by that gentleman's order. 1 It was a coat 
which Sir Edwin declared violated every principle 
of high art, and he refused to countenance such a de- 
viation from its true principles. The case was tried 
in the Exchequer, before (I believe) Mr. Baron Mar- 
tin. The plaintiff entered the witness-box, and a very 
distinguished-looking personage he was. The coat 
was produced, and the judge suggested that Sir Ed- 
win should try it on ; he made a wry face, but con- 

1 1 presume that other items had probably been admitted and money paid 
into court to meet them. 



SCENE IN COURT. 371 

sented, and took off his own upper garment. He 
then put an arm into one of the sleeves of that in dis- 
pute, and made an apparently ineffectual endeavor to 
reach the other, following it round amidst roars of 
laughter from all parts of the court. It was a com- 
mon jury, and I was told that there was a tailor upon 
it, upon which I suggested that there was a gentle- 
man of the same profession as the plaintiff in court 
who might assist Sir Edwin. This was acceded to, 
and out hopped a little Hebrew slop-seller from the 
Minories, to whom the defendant submitted his body. 
With difficulty he got it into the coat, and then stood 
as if spitted, his back one mass of wrinkles. The 
tableau was truly amusing; the indignant plaintiff 
looking at the performance with mingled horror and 
disgust; Sir Edwin as if he were choking; whilst 
the juryman, with the air of a connoisseur, was ex- 
amining him and the coat with profound gravity. At 
last the judge, when able to stifle his laughter, ad- 
dressing the little Hebrew, said, " Well, Mr. Moses, 
what do you say ? " " Oh ! " cried he, holding up a 
pair of hands not over clean, and very different from 
those encased in lavender gloves which graced the 
plaintiff. " It ish poshitively shocking, my lord ; I 
should have been ashamed to turn out shuch a thing 
from my establishment." The rest of the jury ac- 
cepted his view, and Sir Edwin, apparently relieved 
from suffocation, entered his own coat with a look of 
relief, which again convulsed the court, bowed and 
departed. 

The name of Mr. Landseer brings to my mem- 
ory that of another gentleman and of a scene, 



372 WILLIAM HARRISON AINSWORTH. 

a very pleasant one, that occurred, alas ! many 
years ago. Its locality is a house in the neigh- 
borhood of Kilburn, spacious and elegantly fur- 
nished ; the time is early summer, the hour about 
eight o'clock in the evening ; the dinner has been re- 
moved from the prettily decorated table, and the earlv 
fruits tempt the guests, to the number of twelve or 
so, who are grouped around it. At the head there 
sits a gentleman no longer in his first youth, but still 
strikingly handsome ; there is something artistic about 
his dress, and there may be a little affectation in his 
manners, but even this may, in some people, be a not 
unpleasing element. He was our host, William Har- 
rison Ainsworth, and whatever may have been the 
claims of others, and in whatever circles they might 
move, no one was more genial, no one more popular. 
He had at this time fully won his spurs. Jack Shep- 
pard had, through his graphic pen, become a hero to 
the masses, and was not less popular because very 
proper people shook their heads and exclaimed that it 
was a very evil example ; and not only did the novel 
pay the circulating libraries, but became the subject 
of a very popular drama. Poor Paul Bedford played 
one of the characters — Blueskin, in which he ren- 
dered with great gusto the song of "Jolly Nose." 
No one can say that this song was refined, but it 
laid hold somehow of the whistling public. At 
last, as I have heard, Mrs. Keeley made the char- 
acter of Jack so fascinating that the licenser of j)lays 
was obliged to stop the performance. How well 
I can remember her charming little figure upon 
the stool in Jack's workshop, and her sweet voice 



POLITENESS. 373 

singing the naughty sentiment contained in the words, 
"And I'll carve my name on the dungeon stone." 

I have traveled away from the pleasant dinner- 
table, but, before I leave it, there are two guests 
certainly I must not forget; one is Dudley Cos- 
tello, a great ally and intimate friend of our host, 
an indefatigable inditer of pleasant tales to vari- 
ous periodicals, good-humored, sociable, and with a 
large stock of amusing conversation. In the prime 
of life, full of spirits, and apparently of health, 
he seemed fully launched upon the path of suc- 
cess and fame. Shortly after I had met him at 
this dinner party the usual signs of his pen were 
absent from the magazines, and as I was return- 
ing from, I think, Strasburg to Paris, and at one 
of the intermediate stations, I saw a ghastly-look- 
ing object staggering under a carpet-bag; I went 
forward to assist, when, to my horror, I recognized 
the mere skeleton of my poor friend. He thought, 
he said, that he should try some waters, but his face 
told a tale that was only too soon verified. I carried 
in his bag, and pressed his hand in bidding adieu, and, 
although not given to sentiment, fancy that I scarcely 
restrained my feelings, and, indeed, as I think over 
the scene, can scarcely do so now. 

Opposite to me at the dinner-table of which I have 
given a description sat a good-looking young fellow, 
a member of the same profession as myself, got up 
with infinite care. He was seated next to a venerable 
lady, rattling and shining with diamonds ; these two 
were engaged in the innocent occupation of cracking 
bon-bons and reading the mottoes. Harrison Ains- 



374 LOLA MONTEZ. 

worth, pointing my attention to him, said, "He (nam- 
ing him) will make his way in the world." The 
prophecy has turned out correct, and I am bound to 
say that even now, if it would give an old lady pleas- 
ure, he would still spell proverbs with her out of pure 
good nature. I frequently visited Ainsworth at a 
house he occupied at Kemp Town, Brighton, but of 
late years have lost sight of him. I am glad to see 
within the last few days, upon the club table, that he 
still figures in the world of literature, and if ever he 
reads these lines, I do not doubt that he will remem- 
ber that pleasant entertainment at which he was the 
accomplished host. 1 

About or soon after this period, I became acquainted 
with a character very different from any of those who 
graced the table of Harrison Ainsworth. It was a 
lady, and she had claims to celebrity. Her name was 
Lola Montez, and her life had been one of adventure, 
in the course of which it was suggested that she had 
not been particular as to the number of her husbands. 
She was, I believe, of Spanish origin, and certainly 
possessed that country's style of beauty, with much 
dash of manner, and an extremely outre style of dress. 
She had been .upon the stage, and attracted the admi- 
ration of a monarch, and the anger of his subjectr. 
When, subsequently, she visited this country, she fas- 
cinated a young gentleman named Heald, who mar- 
ried her. It was stated that she had been previously 
married to a Captain James. The friends of Mr. Heald 
made a charge against her of bigamy, and it was 

1 I will not erase the foregoing lines, although the object of them has 
passed away since I wrote them. 



BEAK 375 

through being consulted upon this occasion that I be- 
came acquainted with her. She had to appear at 
Marlborough Street Police Court upon two or three 
occasions. I forget whether the charge was ultimately 
abandoned, or whether she left England* before any 
result was arrived at. My impression was that it 
could not have been substantiated. 

In the year 1842 a piece of insolence was offered 
to Her Majesty, whilst driving, by a person named 
Bean, a cripple. He contrived to make his escape, 
and his deformity being his most noticeable feature, 
no humpbacked person could escape the vigilance of 
the police, until, fortunately for this unhappy race, 
the real criminal was arrested. He was prosecuted 
for misdemeanor only, and convicted, and suffered 
some period of imprisonment, which apparently cured 
the miserable desire for notoriety that had alone dic- 
tated the attempt. He was alive until recently, and 
might be seen at the different wharves from which 
the river steamers were accustomed to start, hawking 
uewspapers, in a civil and inoffensive manner. 

Her Majesty exhibited upon the occasion that won- 
derful coolness and self-possession which have distin- 
guished her under the most trying circumstances. 

It was from about the date of this trial that my 
business increased at the Central Court and I was en- 
trusted with cases of some importance ; in recalling, 
however, those years, I am unable to remember many 
personal incidents. I was engaged in one trial which 
exhibited, what I have already remarked upon, the 
extreme hesitation of Mr. Baron Alderson to permit 
a conviction in capital cases. The prisoner was a very 



376 CAPTAIN CHARITIK 

young man, named Connor, and the learned judge cer- 
tainly strained ever point in his favor. The jury were 
out for several hours, but ultimately convicted him, 
and he was executed. I was also concerned for a per- 
son named' Good, for the murder of a woman with 
whom he was living at Wimbledon. He also came 
to an unfortunate end. 

A Captain Charitie also entrusted me with his de- 
fense. This was upon an indictment removed into 
the Court of Queen's Bench, the charge being that 
he, in conjunction with a director of the East India 
Company, was engaged in selling cadetships, and un- 
fortunately the case against him was fully proved. 

There was another proceeding in which I was coun- 
sel for a gentleman named Healy, who had made an 
imputation upon Mr. Wakley, the coroner for Middle- 
sex, for his conduct in a matter which I think is not 
unworthy of being recorded. A private soldier be- 
longing to the 7th Hussars had been cruelly flogged. 
He had certainly been guilty of a very grave offense, 
that of striking his corporal with a poker. The sen- 
tence was 150 lashes, which he underwent. He was 
permitted to stagger to the hospital, and there died 
within a few hours. The medical men of the regi- 
ment certified that his death had not in any way re- 
sulted from the flogging ; this was apparently absurd, 
and very discreditable, and it is by no means wonder- 
ful that a jury, under the direction of Mr. Wakley, 
and after hearing the evidence of the very eminent 
surgeon, Mr. Erasmus Wilson, should come to the op 
posite conclusion, and return a verdict accordingly 
Some strictures made by my client in a medical jour- 



FLOGGING. 377 

nal were very severe upon Wakley, who moved against 
him for a criminal information, but I was able to show 
the court that the complainant had provoked the at- 
tack, and the rule was discharged. At the same time I 
consider that the exposure and the investigation of this 
affair have been a lasting benefit to the community. 
Such a punishment upon any human being is horrible, 
and naturally directed public attention to the subject, 
and, I imagine, has been the means of abolishing the 
lash both in the army and navy. I have already re- 
ferred to the application of it in the instance of crimes 
attended with violence, and for them it is efficient 
and proper; the perpetrators of such offenses are 
cowards as well as ruffians. Imprisonment creates 
little if any terror in their imagination, probably they 
are well acquainted with gaol life ; and according to 
accounts apparently authentic, there are means by 
which its hardships may be alleviated. It is certain 
that the discipline rarely if ever produces a good re- 
sult, and when an account appears in a newspaper of 
some atrocious act of violence, it is constantly stated 
that the perpetrator is a released convict. The lash, 
however, is viewed by these wretches with abject 
terror, and I am confident that the pain they are made 
to feel is the best protection, in the absence of the 
punishment of transportation, that can be afforded to 
a peaceable public, 



CHAPTER XXXV. 

CHIEF JUSTICES. 

HTENTERDEN, Denman, Campbell, Cockburn, 
have each during my connection with the legal 
profession occupied the highest place on the Common 
Law Bench. Each after his own fashion has admin- 
istered justice, and they are remarkable instances of 
an observation I have already made of the differences 
of character exhibited by men filling the same posi- 
tion. Of Tenterden I have scarcely a recollection ; I 
have seen him, and I think of a sour old man, with 
the manners of a pedagogue. The description given 
of him by Lord Campbell, in his " Lives of the Chief 
Justices," confirms my memory in this respect. 
Campbell makes, however, a curious mistake in an 
anecdote he relates of him. Having described his 
origin, which was being the son of a barber at Can- 
terbury, and his beginning life as a chorister-boy in 
the cathedral of that city, he tells a story which he 
attributes to Mr. Justice Richardson. In going the 
Home Circuit with Lord Tenterden the two judges 
visited ihe cathedral of Canterbury together, when 
the Chief Justice, pointing to a singing-man in the 
choir, said, " Behold, Brother Richardson, that is the 
only human being I ever envied. When at school in 
this town, we were candidates together "for a choris- 
378 



MISTAKE OF CAMPBELL. 379 

ter's place ; he obtained it, and if I had gained my 
wish he might have been accompanying you as Chief 
Justice." 

Now, the fact is, that this story was narrated by 
Baron Richards, and its scene was York Cathedral, 
but whether the fortunate rival of Lord Tenterden 
was present there, and could have been pointed out, I 
do not know. It certainly did not occur at Canter- 
bury when the judges were going the Home Circuit, 
as Canterbury is not one of the assize towns, and the 
nearest locality to it is Maidstone, which is at a very 
considerable distance, only reachable by posting, at a 
sacrifice of time that the judges were not likely to 
expend for a visit to the cathedral. I do not remem- 
ber Campbell going the Home Circuit ; if he did, the 
blunder is unaccountable. 1 I heard a story of the cir- 
cumstances under which Richards was offered the 
judgeship by Lord Eldon. He was a Welshman, 
and happening to be in the Court of Chancery, the 
Chancellor threw him a slip of paper with these words 
written : " Dear Taffy, — What do you say to a puisne 
Baron ? " I believe that he accepted the offer upon 
the understanding that he was to become Chief when 
a vacancy occurred. Of Denman I have said my say, 
as also of Lord Campbell. The last occupant of the 
office was by no means the least remarkable of the 
four, and his character would form a curious study ; 
it is those traits that were patent from which alone I 
have the power of judging, for although I knew him 
and occasionally associated with him in private, from 

1 I was not aware of what I have since learnt is the fact, that Lord Camp- 
bell when first called oined the Home Circuit. 



380 COCKBURN. 

my earliest years at the bar, I never was on terms of 
intimacy with him ; I more nearly approached it dur- 
ing the last three or four years of his life. Cockburn 
was one of those men who, like Erskine (as I have 
heard), although small in person, did not look so. 
No one would for a moment have thought him insig- 
nificant, and although his face was decidedly plain, it 
had when smiling a peculiar charm. His voice was 
very melodious, of which fact he was a little too well 
aware, and always willing to make the most of the 
effect it was calculated to produce. With ladies his 
manners were deferential, and, if gossip was to be be- 
lieved, had been fully appreciated. As an advocate 
he was equal to any one I ever heard at the bar. He 
was fond of amusement, and sought it through many 
sources, but he mastered the most complicated facts 
with ease, and his industry never deserted him. He 
exhibited at times a polished vein of sarcasm, great 
skill in analysis, and, upon occasions that called them 
forth, powers of impassioned oratory. He was con- 
stantly pitted against Thesiger, no unworthy oppo- 
nent, and fully maintained his position, and in some 
notable cases obtained unexpected success. I have al- 
ready mentioned the trials of MacNaghten and Palmer. 
The same results would probably have been attained by 
much inferior advocacy in both these cases, but few 
men at that time in the lead could have steered with 
such consummate skill. It perhaps may seem that 
with Follett at the bar I place Cockburn too* high 
in the scale of advocacy ; it may be so, but my expe- 
rience of the latter distinguished counsel does not fur- 
nish me with examples by which to modify my judg- 



DEFENSE OF PALMERSTON 38X 

ments. Cockburn's reply in MacNaghten's case 1 was 
described by Cresswell, one of the presiding judges, 
as the finest speech that he had ever beard. Cock- 
burn became member for Southampton, and very soon 
made his mark in the critical arena of the House of 
Commons, and upon the occasion of the great debate 
of June 24, 1850, impugning Lord Palmerston's for- 
eign policy, he was put forward to defend it. I re- 
member very well his speech ; it took the House by 
storm, and in no small degree conduced towards the 
victory obtained by the minister. From that period 
Cockburn moved on quickly, filling successively the 
offices of Solicitor and Attorney-General, and ulti- 
mately those of Chief Justice of the Common Pleas 
and of England. I suspect that even with this flood 
of success and accumulation of honors, a lingering dis- 
appointment remained that he had not grasped- the 
seals. A true appreciation would not be formed of 
his qualities as an advocate and the versatility of his 
mind if I did not refer to his practice in the committees 
before he entered Parliament. In election inquiries it 
might naturally be expected that he would be success- 
ful, as they were peculiarly of a character for which 
he had already shown his capacity ; but he was equally 
fortunate in the management of private bills, and fought 
the famous fight of the narrow against the broad gauge, 
supported by Locke, against Austin and Thesiger, 
backed by Brunei and a host of scientific talent. 

The triumph of Palmerston was followed by a black 
day for England. The most trusted of our statesmen 

1 In this I am in error. Tindal presided, with Coleridge and Williams J., 
upon this trial, and the speech of which I heard Cresswell speak was one 
made before him upon circuit. 



382 GOCKBURN AS CHIEF JUSTICE. 

perished through an accident, and it was long before the 
nation ceased to deplore the death of Sir Robert Peel. 

I cannot assign to Sir Alexander Cockburn as a judge 
the almost unqualified praise that I have given him 
as an advocate. He carried naturally the qualities 
that had distinguished him in that capacity to the 
bench, and exercised them without sufficient discre- 
tion. It is, in my judgment, a great mistake to think 
that a judge ought to keep back his own opinions from 
a jury, but they ought to be conveyed calmly and 
without passion, and after due consideration, but un- 
fortunately Sir Alexander Cockburn was extremely 
impressionable, and constantly at the outset of a case 
would express with great confidence an opinion which 
he subsequently would not have been sorry to recall. 
The evil result, however, had been frequently accom- 
plished before he was able to correct it. It must also 
be admitted that he too often sacrificed matter for 
effect, and sentiment captivated him more than the 
graver questions involved in a suit. I cannot say that 
these were small faults, but I never doubted that he 
was anxious to do justice, and his manner in doing it 
was usually courteous ; and notwithstanding his occa- 
sional impetuosity, he gave his unswerving attention 
to any inquiry that he was presiding over. A more 
thoroughly humane man never occupied the seat of 
justice, and he afforded counsel every assistance and 
consideration ; it is impossible that a greater contrast 
could exist in this respect than between him and his 
predecessor. 

Cockburn was verging upon eighty years old when 
he died, but to the last exhibited no failure of intel- 
lect, or, so far as I could observe, of physical power 



DINNER AT COCKBURNS. 383 

After sitting in court the whole of the day, he was to 
be seen leaving the private door, and marching off 
with as sprightly an air and as active a gait as if \\e had 
only realized the half of his years. He lived as long 
as I remembered him in Hertford Street, Mayfair, and 
there I have seen him surrounded by books, evidently 
occupied by some engrossing literary labor. I have 
already alluded to his acquaintance with modern lan- 
guages, and believe that he was an accomplished 
classical scholar. He presided, after the death of 
Lord Campbell, at Serjeants' Inn, where he added 
greatly to the conviviality of the table ; and when the 
affairs of the society were wound up, I ventured, with- 
out any sanction from my brethren, to send him the 
remainder of some old port wine, which he greatly 
enjoyed, and which I have shared at his table. Upon 
the occasions that I dined there he was extremely en- 
tertaining, not unwilling to recount former triumphs 
in the profession, and certainly affording me amuse- 
ment in doing so. I reminded him once of a painful 
incident to which we were parties. 

We were engaged to dine with one of his oldest 
friends, a gentleman named Phinn, a barrister by pro- 
fession. He had held high office in the Admiralty, but 
had quitted it, and was practicing at the Parliament- 
ary bar. He resided in chambers in St. James's 
Street, and on the occasion of which I speak, Cock- 
burn and myself met at the door, and learned to our 
horror that our expected host had just fallen down 
dead. The account that we received was that he was 
going upstairs to dress, that a loud shriek was heard 
and that he was found extended and lifeless. 

I called in Hertford Street one Sunday, three weeks 



384 VISIT TO COGKBURK 

before the death of Sir Alexander, and found him, as 
usual, in his library hard at work. He was engaged 
in a work upon venery, of which a portion had al- 
ready been published. He seemed well in health, 
though not in his usual spirits, but he spoke of the 
opening of the New Law Courts as if he anticipated 
being present. He presided after this in his court, 
and did not show, as far as I observed, any signs of 
his approaching end. In the account that I have 
given of the trials in which Risk Allah was the 
plaintiff, I have intimated my opinion that he took 
a prejudiced view in his favor, and I shall here- 
after have to comment upon his demeanor in the 
proceedings against the claimant to the Tichbome 
baronetcy and estates. It is also impossible to ap- 
prove of the tone that he adopted in his controversy 
with Lord Penzance, whilst the temperate and digni- 
fied bearing of. this latter judge deserves warm ad- 
miration ; but in these proceedings the industry and 
research of the Chief Justice were signally exhibited. 

Whatever were his faults, they were those of im- 
pulse, and directed more to the support of the weak 
than in favor of harshness and oppression, and under 
his auspices the Court of Queen's Bench sustained 
its dignity, and commanded the respect of the public 
and the profession. By his death a pleasant figure 
has disappeared from society, and a great name is 
erased from the annals of our times. 

When first I met the subject of the above sketch, 
there was a contemporary of his, moving in the same 
circles, also accomplished and popular. His name 
was Walsh. When I was in the lowest class at St. 
Paul's School he was in the highest, and when I joined 



LUNATICS. 385 

the Home Circuit he was leader of the Kent Sessions. 
He married a lady of mature age, but possessing con- 
siderable fortune. When, many years after meeting 
him in London society, I was staying in Florence, I 
heard he had a villa there, and sought him out. He 
was in a deplorably hypochondriacal state, and noth- 
ing seemed capable of rousing him. Some time after 
this I was taken professionally to the house of a med- 
ical man in the Finchley Road, to assist in the exam- 
ination of an alleged lunatic, and there I found my 
poor friend, hopelessly and miserably insane. I have 
every reason to believe that he was treated with skill 
and kindness, although I utterly disapprove of private 
lunatic asylums, it being naturally to the advantage 
of their keepers that the patient should remain under 
their care. 

It is not many years ago that I became acquainted 
with a pregnant example of this evil. I was asked 
by a member of the bar to visit his brother at a pri- 
vate lunatic asylum of high class. He was confined 
there contrary to his brother's wishes, who did not 
think he was judiciously treated or required confine- 
ment. The family were wealthy, and a large sum was 
paid for the maintenance of the gentleman in question. 
I accordingly went down, and, calling at the house and 
sending in my card, requested permission to see the 
patient. I was told that the proprietor was not at 
home, and that in his absence I could not be permit- 
ted to do so, although I produced the brother's au- 
thority. I insisted, and threatened to move the Court 
of Queen's Bench if the refusal was persisted in, and 
at last I was admitted, and found the patient lodged 

in a very handsome suite of apartments, opening out 

'25 



386 CHARLES READE. 

upon some beautiful grounds. He made no complaint 
of his treatment, and was manifestly under the influ- 
ence of insane impulses ; but my astonishment was 
extreme, upon looking at the literature with which he 
was supplied, to find that it was of a character emi- 
nently calculated to foster the peculiar form of disease 
to which he was subject. An inquiry was subse- 
quently held before a master in lunacy ; the result 
was that he was released from the asylum, and put 
under the charge of a skilled person, and, subject to 
such superintendence, permitted his liberty. His re- 
moval was opposed by the proprietor, who lost by it 
a net profit of at least £600 per annum. 

My old friend Charles Reade has described in works 
of fiction, with great power and ability, the evils that 
may arise from these institutions when in unscrupu- 
lous hands ; and the existence of such men as Dr. 
Tuke, and others whom I could name, whose sense 
of honor and general character place them above all 
suspicion, does not in my judgment make the system 
one to be trusted or approved of, and I am afraid that 
the protection intended by the law to be afforded by 
independent opinions is too often imperiled by a near 
connection existing between the proprietors of these 
asylums and the medical men who certify for the re- 
ception of persons supposed to be lunatics. 

The whole subject of insanity, as I have elsewhere 
endeavored to show, deserves supervision — the nature 
of it, its obligations, and its treatment ; and if the sta- 
tistics upon it are correct — and it is true that of late 
years there has been a great increase of the malady — 
no social evil better deserves a thorough legislative 
investigation. 



CHAPTER XXXVI. 

EXTRAOEDINARY WILL CASE. 

HHE beautiful neighborhood of Matlock, in Der- 
-*- byshire, was kept for some years in a state of 
excitement by local circumstances that created a ro- 
mantic interest. 

They were the subject of various legal proceedings. 
The House of Lords, the Court of Chancery, Lord 
Chief Justice Erie and Lord Chief Justice Pollock, 
had all tried their hands at a satisfactory solution, and 
at the end of eight years they reached the Court of 
Queen's Bench, where, with the assistance of a re- 
spectable complement of counsel and solicitors, and 
an intelligent jury, directed most ably by the Chief 
Justice of England, they were ultimately disposed of. 

George Nuttall lived the whole of his life at Mat- 
lock, his native town. He was a land surveyor, much 
respected, and must have been a good business man, 
as at his death, which happened at the comparatively 
early age of fifty-four, he was possessed of landed 
property to the amount of nearly £3,000 per annum, 
and some £10,000 in the Funds. He had no near 
relations. In September, 1854, he had made his will. 
His mode of doing this was peculiar. A Mr. Newbold 

387 



388 DEATH OF TESTATOR. 

was his solicitor and also an intimate friend ; this gen- 
tleman prepared it, but the testator copied it in dupli- 
cate. He was an illiterate man, and in what purported 
to be his copies, and there was no suggestion against 
their authenticity, were to be found several instances 
of words wrongly spelled I wish to avoid as far as 
possible technical details, and it will be sufficient to 
say that the bulk of the property was left to John 
Nuttall, a cousin, and foreman in the service of a con- 
tractor in London. 

John Else, the brother-in-law of a person living 
with the testator, at the time of his death, in the ca- 
pacity of housekeeper, was an assistant overseer and 
bailiff of the County Court at Matlock ; he had been 
employed by the testator in collecting accounts. 

The testator died in March, 1856, having been for 
some time before his death in an extremely feeble 
state of health. The duplicate wills were beyond 
question placed in a cupboard in his bedroom ; and 
there was also no doubt that two or three days before 
his death he was very anxious to get to that cupboard, 
but unable from feebleness to do so or explain his 
wishes. 

Immediately after his death one copy of a will was 
produced, which was authentic; a second copy, also 
authentic, was found before the funeral, with an inter- 
lineation which was subsequently disputed, although 
not at the time, by John Nuttall, who had principally 
benefited by the will, and whose estate was lessened 
by the terms of the interlineation, and probably, but 
for subsequent events, it would have passed without 
challenge. 



CODICILS PR OD TJCED. 389 

This was the state of affairs on April 21st following 
the death, when John Nuttall himself died, leaving 
his property to his children. A fortnight after his 
death, Else produced a codicil, which he declared 
that he had found amongst the papers of the original 
testator; it was dated October 27, 1855, and pur- 
ported to be entirely in the testator's handwriting. 
Eight months after the production of this codicil, Else 
produced another, which he said he found in a little 
penny account-book, pinned on to one of the leaves ; 
it was dated January 6, 1856. There is no doubt 
that there was much improbability in the story of both 
these discoveries, and moreover there were misspell- 
ings in both the documents to which no similar ones 
were to be found in the writing of the testator, and it 
may generally be stated that Else and his belongings 
derived benefit from both of them. Nevertheless 
there was not anything that was not susceptible of 
some explanation, which, however, it would only en- 
cumber the main features of the tale to relate. 

Another nine months elapsed, and then Else, ac- 
cording to his own account, made a most astounding 
discovery, brought about by means almost miraculous. 
He had gone to reside in the testator's former house, 
at the back of which there was a yard, and on one 
side of it there was a flight of steps, leading up to a 
hay -loft, at the farther end of which was a small room 
used as a lumber or tool house. 

Into this loft on October 9, 1857, it moved the spir- 
it of Else, accompanied by a boy named Campion, to 
ascend, and it struck him that the window of the lum- 
ber room wanted cleaning, and so he told the boy to 



390 LEGAL DIFFERENCES. 

clean it, which he accordingly proceeded to do, but 
not being able to reach high enough, Else laid hold 
of the window-sill to pull himself up, when the board- 
ing gave way, and disclosed a small hole in the wall, 
in which was an earthenware jar. In the jar was a 
small bag containing twenty sovereigns, and also an- 
other codicil, substantially giving the bulk of the prop- 
erty to Else, like the two former ones, and containing 
instances of misspelling dissimilar to any occurring 
in the genuine writing of the testator. It will be ob- 
served that the different codicils were found by Else 
in the order of their respective dates. One circum- 
stance I think ought to be stated. Newbold, the so- 
licitor, who had died before the last trial took place, 
had expressed a belief which, although not in positive 
terms, was not altogether antagonistic to the authen- 
ticity of the codicils. 

There were a number of minute facts — arguments 
about handwriting, the relations existing between the 
different parties, and their opposing interests ; but I 
think I have told enough to make the general reader 
understand the proceedings which occurred after the 
production by Else of these remarkable documents. 

The parties, conflicting were the representatives of 
the original residuary legatee on the one side, and 
John Else practically, though associated with another 
person named Cresswell, on the other. 

The duplicate wills being admitted, the question 
was raised as to the validity of the three codicils, and 
a suit was instituted in Chancery for this purpose, the 
result of which was that an issue was directed by the 
Master of the Rolls to try this question. It came on 



TRIAL BEFORE LORD CHIEF JUSTICE COCKBURN. 391 

at the summer assizes for Derby in 1859, before Lord 
Chief Justice Erie and a special jury, who found in 
favor of the codicils. The Master of the Rolls was 
not satisfied, and directed another trial, which came 
on before Chief Baron Pollock, at the spring assizes 
at Derby in 1860, and then the jury reversed the 
former verdict, finding that the codicils were forger- 
ies. An application was then made on the opposite 
side to the Master of the Rolls, but he was satisfied 
and refused to interfere. Next came an appeal to the 
Lords Justices, who were divided in opinion ; and 
then there was a reference from them to the House 
of Lords, who decided for a new trial, and directed 
that it should take place in London, before the Lord 
Chief Justice of England and a special jury, and upon 
this occasion the counsel engaged were, for Else, the 
real plaintiff, Mr. Karslake, Q.C., Mr. Field, Q.C., 
and Mr. Hannen, the present judge of the Probate 
Court ; for the defendants, the representatives of the 
will, Mr. Serjeant Hayes, myself, and Mr. Wills. 

It will be obvious, from the slight sketch that I have 
given of the circumstances, that the case of the plaintiff 
depended upon the truth of Else himself and the four 
witnesses who severally were pledged to having wit- 
nessed the successive codicils, and here was introduced 
another element. It was alleged that Buxton and 
Gregory, the witnesses to the first codicil, had been 
tampered with. Adams was dead, but his deposition 
upon the last trial was read, and it supported the cod- 
icils to which his name was attached. Nothing ap- 
peared against his character. He was a surgeon, and 
really could not be mistaken, and moreover, had. no 



392 MR - KARSLAKE. 

apparent interest in the matter. Knowles's son took 
a legacy under the second codicil. Knowles himself 
was examined upon the trial at the Guildhall, and 
swore to his own and Adams's signatures. I cross-ex- 
amined him, but failed to elicit anything that in my 
own judgment seriously affected his credit ; and I con- 
fess that the effect upon my mind was that, standing 
by themselves, notwithstanding the prevarication of 
Buxton and Gregory, these four witnesses did present 
a formidable case in favor of the codicils. 

As Mr. Karslake put it with point and judgment, 
"Direct and positive evidence was to be met by ap- 
parent improbabilities, and by speculations as to hand- 
writing, the codicils being all of them alleged to be 
the testator's own." 

Sir Alexander Cockburn prided himself greatly up- 
on his discernment in matters of handwriting, not al- 
together without justice ; but it was with him a favor- 
ite subject, and he seized upon it with avidity, and 
dissected it at length. He found and pointed out dis- 
similarities between the admitted and contested sig- 
natures, and also dissimilarities in style. The mis- 
spellings also were pointed out by him, and strangely 
differed from those proved to exist in documents writ- 
ten by the testator; but although these were very re- 
markable, still this observation might be made : how 
was it that Else, who was perfectly acquainted with 
the testator's handwriting, and with the ordinary blun- 
ders contained in it, and having plenty of time to 
prepare the documents, fell into such transparent er- 
rors 1 Handwriting is a dangerous element upon 
which to rest a case ; the evidence of what are called 



MR. SERJEANT HAYES. 393 

experts is viewed with no great confidence. Juries 
distrust it, and in this particular action I did not quite 
agree with the opinion expressed by the Lord Chief 
Justice as to the dissimilarity. 

Mr. Serjeant Hayes took, in my opinion, the right 
course in dwelling upon the improbabilities of the 
story, which he did with great ingenuity and humor. 
He was not a powerful speaker, and not equal to 
Mr. Karslake, who upon this occasion fully supported 
his reputation, and was most justly complimented by 
Sir Alexander Cockburn for the mode in which he 
had conducted the case ; but Serjeant Hayes possessed 
a very acute mind, and was very droll in some parts 
of his speech. I cannot forbear quoting that portion 
of it which referred to the discovery of the last codicil, 
and was received with roars of laughter. I copy it 
from a pamphlet, published by a Mr. Keene of Derby, 
and from which I have refreshed my memory upon 
other matters in the case: — 

u Then as to the third codicil found in the jar in the 
hole in the wall. ' What's that,' said Else, ' what's that 
in the jar?' Why a codicil, to be sure! What else 
could it be but a codicil in ajar in a hole in the wall? Of 
course it was a codicil. Why, but for this remarkable 
discovery, it might not have been found at all, at all 
events until the house was pulled down a century 
hence. What a place for a man of business to put 
his last will in ! " 

Serjeant Hayes then proceeded to state, what was 
subsequently proved, that during the testator's lifetime 
an iron vise weighing sixty pounds had been screwed 
over the window board in which the jar containing the 



394 SUMMING-UP. 

codicil was placed, and which must have been unscrew- 
ed by the testator whilst suffering from a most serious 
abscess in the back. The Serjeant then proceeded thus: 
"Why, imagination can scarcely go beyond this story. 
One blessing of theChancery proceedings has been that 
they have stopped the finding of codicils. But for 
them a fourth must have been found — it must have 
come. The second and third had each been found after 
nine months, the usual period of gestation; but perhaps 
as there was so little of the proj3erty left to be still dis- 
posed of, this might have been only a seven months' 
codicil. It was certainly difficult to conceive where 
it could have been found ; one could hardly imagine 
a more obscure place for secreting it. Perhaps, how- 
ever, in Job Knowles's quarry, while his men were 
blasting the rock with gunpowder, of course in some 
fissure Else may have seen an antediluvian toad sit- 
ting on something, and said 'What is that?' Why, 
what could it be but a codicil? However, thanks be 
to heaven! no more codicils had been found." 1 

The Lord Chief Justice summed up the case with 
admirable perspicacity, but, as I expected he would, 
dwelt very strenuously upon the evidence afforded by 
the handwriting, not, however, neglecting to make 
forcible comments upon other parts of the case ; and 
the jury without much hesitation found a verdict for 
the defendants, which, as it turned out put the exist- 
ing codicils at rest forever, and no further discoveries 
astonished the world, although there are some still liv- 
ing who shake their heads and express disbelief in the 
conclusion arrived at. 

1 Knowles was in occupation of a quarry. 



SIMILAR CASE. 395 

I have in a former chapter called attention to the 
fact that crime, like other incidents in the history of 
nations, repeats itself, and this remark may apply to all 
descriptions of it. I have myself recently been engaged 
in a case that brought forcibly to my mind the great 
Derby will case, and which illustrates one at all events 
of the remarks I have made as to the distrust juries 
have in the evidence of handwriting. Here the plaintiff 
set up three documents ; they were promissory notes, 
and there were three witnesses, who could not be mis- 
taken, and who swore to the signature being that of a 
person since dead, and that they had seen him sign them. 
In this respect the evidence was probably of more 
weight than that of the attesting witnesses to Nuttall's 
alleged codicils. The documents in question had been, 
as alleged, executed by this gentleman eight years be- 
fore, and he being dead, there was no direct contra- 
diction to the story of the plaintiff. They had been 
kept during all this time in a receptacle as eccentric 
in its character as the boarding of the window-sill, 
namely, in a cash-box at the shop of a kind of general 
dealer, who was one of the witnesses to the signature, 
but had no apparent interest in the case. Strangely 
enough, the stamps of the bills in two instances had 
the dates erased, which was accounted for by their 
contact with old coins, which might have rubbed against 
them ; but what was still more odd, it was the date 
only that had disappeared, the outer rim, which was 
the highest part of the stamp, being un effaced. At 
the time that the deceased was supposed to have signed 
the notes, which amounted to £1,250, and for which 
he only received £500, he was in abundant funds. 



396 VERDICT. 

An action was brought by the drawees against the 
executors, and was tried before Mr. Baron Huddleston. 
I was counsel for the defense, and confess that in my 
judgment the evidence as to the handwriting was 
conclusive against the claim. I never witnessed dis- 
crepancies so apparent, and Mr. Chabot, the experi- 
enced judge of handwriting, pointed out many with 
great clearness, in addition to those discoverable by 
the most ordinary observer. The learned Baron also 
was obviously of a similar opinion, but the jury nev- 
ertheless were discharged without giving a verdict, 
there being eleven of them for the plaintiff. Upon a 
second trial, before the Lord Chief Justice, very little 
prominence was given to the evidence of writing, and 
Chabot was not called, but the utter improbability of 
the story was mainly relied upon, the result being a 
verdict, after little consideration by the jury, for the 
defendants. 

Whether I am right in supposing that the different 
tactics obtained this result I cannot say, but there is 
no doubt that if a branch of evidence distasteful to a 
jury is made too prominent, it frequently leads to their 
attention being distracted from facts that in themselves 
are sufficient to support the conclusion contended for. 



CHAPTER XXXVII. 

AN APOLOGY TO MY READERS. 

T HAVE already mentioned the fact that when first I 
■■- began a record of some of the events of my life, I did 
so for amusement, and with no idea of publishing the 
contents ; and since I have commenced the task with a 
view of submitting the result to the public, I have fre- 
quently wavered, and almost determined to abandon 
it. I have feared that my personal anecdotes might 
be deemed too trivial, and my professional ones too 
dull. I have also felt that the contents of many of my 
chapters greatly exceed the limits that the title of the 
work would seem to justify, also that I have presented 
opinions that can scarcely be deemed of interest to 
the general public, and in one or two instances I may 
be accused of introducing matters that amount almost 
to treatises. Difficulties also have presented them- 
selves, which, if my pages had remained in my own 
custody, would not have been of importance, but for 
which when I offer them to the public I am bound to 
apologize. I rarely kept a diary, and only interjec- 
tionally, at long intervals and for short periods, and 
then only of private matters ; and as I believe my mind 
is naturally of an irregular type, the circumstances 

397 



398 MYSELF. 

that come into it during the progress of my work re- 
fuse to maintain any order, and defy every endeavor 
to preserve the dates. This may not be accepted as 
an excuse for events of one era tumbling against those 
of an entirely different period, and if I were one of 
the industrious classes I might sit down and rearrange 
what I have written ; but if I did contrive to write a 
book orderly, and in accordance with rule, my iden- 
tity would be lost, and so if my details are confusing 
I must throw myself upon the mercy of my readers, 
and ask them to pity my infirmities. In the pursuit 
of my task I have also found myself limited by the 
fact that the details of many of the cases I have been 
engaged in might give pain to some persons who are 
living, a result which I have felt bound to avoid. 

The above lines are a proof of how incurable is my 
disposition. They ought to have been at the com- 
mencement, and here they are thrust into the middle 
of the book ; but then a lengthy preface terrifies most 
readers, and I think it prudent to avoid an element 
that might deter people at the outset. 

One entry I have found under the date of January 
10, 1838 : " Called on Miss Whitcombe, afterwards 
with her upon, the Honeys. Dined at Sir Charles 
Forbes's. Evening party at Levi en's. Met Boz — 
looks quite a boy. His sister was there ; she sang 
beautifully, is pretty, and, I should think, clever. 
Also met Mrs. Dodd, a very beautiful woman. Hard 
frost." 

Miss Whitcombe was the sister of Lady Roney, the 
wife of Sir Patrick Cusack Roney, one of my earliest 
friends. Both these ladies were singularly beautiful 



ENTR Y FR QM OLD DIAR Y 399 

Lady Roney died early ; Miss Whitcombe married a 
distinguished Indian officer, causing me a period of 
extreme depression. 

Sir Charles Forbes was a very wealthy merchant 
and director of the East India Company. He lived 
in a large house in Fitzroy Square, and my father was 
intimate with him. He was a man noted for his be- 
nevolence, and amongst many acts of kindness he gave 
a younger brother of mine an assistant-surgeoncy in 
the Company's service. My brother was a very good- 
looking young fellow, and unfortunately, as it turned 
out, very susceptible. A lady and her daughter went 
out in the same ship, the latter being engaged to be 
married to an officer of rank. I fancy she looked with 
no unfavorable eye upon the young assistant-surgeon. 
The mother was prudent and said nothing whilst on 
board, but immediately upon landing gave a hint to 
the colonel of his regiment, which resulted in my 
brother being sent to Scinde, where he caught a fever 
which ultimately laid the seeds of a premature death. 

Mrs. Dodd was one of the handsomest women in 
London. She lived with her husband in Montagu 
Square, where they extended great hospitality. 

Oh, these diaries, which I have come upon by mere 
accident ! Here is another entry, earlier it must be 
than the last, but I have only the leaf, and the date 
is torn off. I record the return of a ring from a pretty 
Irish girl, and my abandonment to utter despair. She 
was the daughter of a very eminent solicitor in Dub- 
lin, and afterwards married an officer, who at the time 
was aide-de-camp to the Commander-in-Chief. She 
died of consumption within six months of her mar- 



400 THE REV. DR. CROLY. 

riage. It was upon the occasion of a visit to her fam- 
ily that I saw Dublin for the first and only time. At 
this period I had no means and but shadowy pros- 
pects, and her father acted wisely in putting an end 
to an unpromising engagement. Her brother is an 
officer of distinction, whom I have often met since, 
and with whom I have always been upon terms of 
intimacy. And now, reader mine, I shall exhume no 
more domestic histories, and have only recorded these 
to show that my life has not always been devoted to 
the engrossing studies of the law. 

Another entry, however, I will refer to, as it men- 
tions the name of a gentleman who at the time filled 
some space in public history ; I allude to the Rev. Dr. 
Croly. He was a popular preacher at St. Stephen's, 
Walbrook, and was the author of different works, 
amongst others a novel called " Salathiel." 

My father and myself were dining at the house of 
a Mr. Stutfield, a Middlesex magistrate. He lived 
in very good style at Clapton. The doctor was en- 
gaged at that time in the persecution of Alderman 
Gibbs, whose conscience enabled him to bear it with 
philosophy. It must be remarked that conscience 
does vary very considerably in different people. The 
note I find is in these words : " Met Dr. Croly ; a 
brute " — and such is my remembrance of him — 
" noisy, self-asserting, and maintaining the whole talk 
at the table, the greater part of it consisting of boasts 
of his own doings. A little meek-faced lady sat next 
to me, viewing him with a look of ineffable disgust, 
and whispering now and again to me at the end of 
one of his romances, ' I don't believe a word of it.' ' 



TOWER LIBERTY SESSIONS. 401 

I have not mentioned that through the nomi- 
nation of the Duke of Wellington I had become a 
magistrate of the Tower Liberty, and I suppose 1 
still hold that dignified position. My father was 
chairman of the Sessions, but there never was any- 
thing to do in my time. I did hear that there 
once was a case tried there, and a difficulty arose 
from there being no Testament upon the premises, 
but now the jurisdiction is engulfed in the Middle- 
sex Sessions. When Alderman Gibbs became Lord 
Mayor I dined, on November 9th, at the Guildhall, 
but it was a stupid dinner, as there is no doubt he 
was in very bad odor, and few of the Ministers 
attended. 

I have lately, and since I wrote the first of these 
volumes, read recollections and reflections by my old 
friend Planche\ He naturally refers to many of those 
whom I have met and given my impressions of, and 
also, as he was an acute observer, if my opinions are 
correct, there must be a sameness between our ac- 
counts. I hope that this will not destroy any interest 
that may otherwise have been created. I am inclined 
to think that my description of Thackeray's personal 
appearance must have been founded upon seeing him 
at a later date than I imagined to be the case, as 
Planche' describes him as tall and slight at what would 
be about the same period. He confirms my view of his 
character. I was much struck by his sketch of Billy 
Dunn, so entirely confirmatory of my remembrance. 
I was, however, surprised at his assigning the palm 
of beauty to Mrs. Robinson amongst all with whom 
he had associated, as he has often told me that there 
26 



402 MADAME VESTRIS. 

never had been a being so lovely as Madame Vestris, 
and judging by the fascination that she exercised over 
so many, this account must be near reality ; true it is 
that the brilliancy of her mind and variety of her ac- 
complishments gave zest to her charms. Amongst 
those who worshiped at her shrine was one whom I 
just remember, an elegant gentleman, and courted 
guest in all societies. Strangely, for the period in 
which he lived, he was a " Radical," but though his 
opinions were considered " uncommonly low," no one 
could deny the refinement with which they were ex- 
pressed. He and Wakley were returned after the 
Reform Bill as members for the borough of Fins- 
bury. 

They were opposed by that hard-headed old Scotch- 
man, Mr. Serjeant Spankie, whom I have already 
mentioned. Tom Duncombe was not famous for pay- 
ing his debts, and Wakley was accused of having 
burned his house to cheat an insurance company. A 
bon-mot of the Serjeant's is recorded by Mr. Greville 
in his memoirs ; it was old then, and so I am only fol- 
lowing an illustrious example in repeating it. Span- 
kie, canvassing an elector, was told that he had prom- 
ised to vote for his two opponents. "Well," said he, 
"T only hope you may have one for a debtor, and the 
other for a tenant." Spankie, after he had passed the 
meridian of life, married a really very charming young 
lady. This event was celebrated by the poet laureate 
of the Home Circuit in the following distich : — 

When Miss Smith was twenty 
She had lovers in plenty; 
When Miss Smith got older 
Her lovers got colder ; 



SERJEANT SPANKIE'S MARRIAGE. 403 

Then came Serjeant Spankie, 
And Miss Smith said Thankie. 1 

My recollection of Tom Duncombe is of a tallish, 
good-looking man, dressed in a blue coat with brass 
buttons, and a collar reaching half-way up his neck. 
This was the fashionable costume of the period ; his 
head, however, had its full complement of brains, as 
the following anecdote will testify : There was a cer- 
tain individual, his name and place of abode arc alike 
immaterial ; he was collector of some portion of His 
Majesty's revenue ; he was also the collector of auto- 
graphs bearing a stamp, of which he possessed several 
specimens presented to him by the honorable member 
for Finsbury before he was elected for that borough. 
After that occurrence it was found impossible to in- 
duce Mr. Duncombe to treat his handwriting with 
proper respect, and so the individual in question hit 
upon a means of persuasion which was very unlucky 
for himself as it turned out. The honorable member 
lived in the neighborhood of Westminster, and one 
afternoon when starting upon his Parliamentary du 
ties he was confronted by some half-dozen men en- 
cased in boards, with the announcement upon them that 
the possessor of certain documents bearing the signa- 
ture of "Thomas Duncombe" was willing to part with 
them to the highest bidder. This gentleman proceeded 
calmly to the House of Commons, and, impelled as 
he said by the interest he took in the application of 
public moneys, moved for a return of such of the king's 
taxes as had been collected and not paid over. The 

1 I have not published the real name, but the description given of the 
young lady's waning attractions was much opposed to the fact. 



404 HORACE CLAGGETT. 

motion, being seconded, was carried as a matter of 
course. This was by no means convenient to the in- 
ventor of the boards, and a catastrophe ensued that 
led to their disappearance, and the patriotic member 
was never again troubled to take possession of the 
documents bearing his signature. 

Another of the devoted admirers of Madame Ves- 
tris was Horace Claggett. He was in some crack 
regiment, and when I knew him was past middle age, 
but handsome still. His finances did not accord with 
disinterested love, and he discarded the drama and 
went in for matrimony with a Miss Day, who was in 
some way connected with the firm of Day and Mar- 
tin, and who had many thousand charms besides. She 
yielded to his attractions and accepted his suit. He 
had a rival for her hand, an officer in a dragoon 
regiment, who was rejected; on this becoming known 
to his comrades, they chalked up next morning on the 
door of his quarters, "Try Warren's." * 

I never met Madame Vestris in private life, and the 
last time I saw her was at the Central Court, when 
she was obliged to prosecute a servant for theft. Her 
appearance then had greatly changed, and she had an 
affection of the nerves of the face which created the 
appearance of distortion. I have heard that she was 
a woman of great kindness of disposition, and beloved 
by those associated with her of both sexes. Planch e* 
has made an account of her different managements 
and successes a labor of love, the perusal of which 
will fully reward those readers who take an interest 
in the drama. He was also intimately acquainted, not 

1 Another famous blacking manufacturer. 



MR. AND MRS. FRANK MATTHEWS. AQ§ 

only with herself, but with the brilliant company that 
surrounded her and aided in her performances, and in 
his work many amusing anecdotes will be found. 

I knew Frank Matthews and his wife, both clever 
comedians. He was younger than -his namesake, but 
used to play old men to the sprightly youths of the 
latter favorite. 



CHAPTER XXXVIII. 

THE MAYOR OF CORK. 

INHERE are some events that occur which defy 
every effort of reason and common sense to un- 
derstand, and it was to a combination of these that I 
was indebted for the honor conferred upon me of be- 
ing appointed to act as counsel to the House of Com- 
mons. 

Early in the year 1869 his Royal Highness the Duke 
of Edinburgh was upon a tour, and was visiting our 
colony of Australia, and whilst there was fired at by 
an Irishman of the name of O'Farrell. A more wan- 
ton piece of ruffianism was never known. In the dif- 
ferent attempts to assassinate distinguished people 
there have usually been causes, real or imaginary, act- 
uating excitable minds, founded upon a notion of in- 
jury or mistaken sense of patriotism. But this at- 
tempt simply represented ruffianism without a redeem- 
ing trait, and probably, when it became known, such 
was the almost universal opinion. 

Certainly, amongst reasonable beings it would have 

been assumed that nothing more degraded could be 

produced in a civilized state. Those, however, who 

entertained that opinion turned out to be mistaken 

406 



SEDITIOUS CONDUCT OF THE MAYOR. 407 

Another Irishman, envious of his countryman's repu- 
tation, was determined to surpass it if he could do so 
with safety to his person, and accordingly Mr. Daniel 
O'Sullivan, Mayor of Cork, entered into the lists with 
that view. It was not an easy task, but it must be 
admitted that he fully succeeded. Of course before 
he could occupy his official post of mayor he must have 
taken the oath of allegiance. He also must be sup- 
posed to have known that it was part of the duty he 
had imposed upon himself to enforce peace and good 
order. In pursuance of his ideas of these duties, he 
proceeded to abuse his brother magistrates, to declare 
that the law he had undertaken to administer was un- 
constitutional, promised publicly to apply for the sus- 
pension of his brother magistrates — a proposal which, 
it is right to mention, was received with loud cheers 
by his friends in court — got into a rhapsody about the 
patriots who had tried to blow up Clerkenwell gaol, 
and ended in an ecstatic glorification of that noble 
Irishman who had fired at the Duke of Edinburgh in 
Australia. Of course society was indignant and dis- 
gusted, and as the House of Commons was sitting, it 
was mentioned from several quarters in terms of in- 
dignation. There existed no summary means of get- 
ting rid of him by the Executive, and it was neces- 
sary that legislative action should be taken, which was 
accordingly done, and a bill was brought in by the At- 
torney-General to disqualify the Mayor of Cork from 
holding any office, in consequence of the use of scan- 
dalous and seditious language. 

It was determined that evidence should be taken, 
and upon May 12th, the Attorney-General for Ireland 



^08 PROCEEDINGS OF THE HOUSE OF COMMONS. 

informed the House that, acting under its orders, he 
had taken care that evidence should be forthcoming 
in support of the preamble of this bill, and he had al- 
so, acting under the order of the House, appointed 
counsel to be heard at the Bar. These were the So- 
licitor-General for Ireland, Mr. Serjeant Ballantine, 
and Mr. Edward Barry. He had now to move that 
counsel be called in. Mr. A. Sullivan, 1 however, be- 
fore I had the honor of appearing for the first time 
before this tribunal, got up and announced that the 
Mayor of Cork intended to resign, and Mr. Maguire 
read a letter from him to that effect. The O'Dono- 
ghue spoke a few words to a similar effect. With this 
latter gentleman I had the pleasure of some private 
acquaintance, and although he would not desert a fel- 
low-countryman, he had, I am quite sure, no sympathy 
with him. The affair was terminated by Mr. Glad- 
stone accepting the undertakings of the gentlemen I 
have mentioned, and, considering the intense indig- 
nation felt by this country at the outrage committed 
upon an unoffending member of the Royal family, and 
the scandalous language of a magistrate, it reflects 
great credit upon the House of Commons that they 
should have exhibited such moderation of language 
and dignity of demeanor. 

When I was informed that I should have the hon- 
or of appearing for the House, I was conducting an 
election petition at Stafford, and, traveling all night, 
was somewhat nervous as to the figure I should make. 
The evidence had been hurriedly collected, and 
scarcely so strict in form as would have been required, 
and perhaps it was fortunate that the collapse took place. 

1 Not, I believe, any relation to the Mayor. 



STUART WORTLET. 409 

It was, I think, upon the morning of my arrival in 
town I came upon two individuals both of whom I had 
known well. They were a curiously consorted pair. 
I had wandered into St. James's Park, and noticed an 
invalid chair with a gentleman in it, and, walking by 
its side, a figure which I thought that I recognized. 
I came up, and, looking round, recognized my old 
friend Paddy Green, and in the chair, aged from what 
he was when last I saw him, but as pleasant-looking 
as ever, the Hon. James Stuart Wortley, once leader 
of the Northern Circuit, afterwards Recorder of the 
City of London, and subsequently Her Majesty's So- 
licitor-General. He had given way under the strain 
of the last office, and become partially paralyzed. I 
understood that these two frequently met in this same 
place, and exchanged gossip about their very differ- 
ent lives. 

Stuart Wortley was as good a criminal judge as 
ever sat upon the bench. I never saw him out of 
temper. He was a sound lawyer, and managed the 
court admirably. It was a misfortune both for it and 
himself when he changed his position for that of offi- 
cer of the Crown. He was not rapid enough, nor did 
he possess sufficient energy for the work of Nisi Prius. 
I was in one criminal case against him in the Queen's 
Bench. He exhibited a good deal of nervousness in 
the conduct of it, and I succeeded quite properly in 
getting a verdict. He resided in Carlton Terrace, 
where I have occasionally dined with him, and at that 
time his wife welcomed all his friends with the most 
genial kindness, and in the days of his sorrow and 
sickness, was the source to him of support, comfort, 



410 EARL OF WIGKLOW. 

and hope, while exhibiting a womanly example of 
patience and self-denial. Paddy was by nature a gen- 
tleman, and seeing him by the side of a man of Wort- 
ley's position, and his kindly deference and really en- 
tertaining conversation, added to the respect I felt 
for him. These two were, although in such different 
frames, valued pictures of my life, and it was with a 
feeling of deep interest, on this the last day, that I 
rested my eyes upon either of them, the one having 
quitted the ermine, and the other the motley ; that 
they should be passing on their way together, joined 
by the common bond of a kindly nature. 

Not very long after this, I was consulted in a case 
that promised at one time to become of interest and 
importance. Horace Pitt, a colonel in the Blues, and 
at one time the handsomest man in London, had mar- 
ried a lady of a station not equal to his own, but pos- 
sessing great beauty. At the time I speak of, she was 
separated from him and residing with a niece, the 
daughter of a Mrs. Richardson. This young lady had 
formed an acquaintance with a Mr. William Howard, 
son of the Hon. and Rev. Francis Howard, brother 
of the Earl of Wicklow, and ultimately she married 
him. He, however, from very early life, entered into 
every description of profligacy, was rarely sober, and 
became nearly imbecile. The Earl of Wicklow hav- 
ing died without issue, this William Howard inher- 
ited the title, but did not live long enough to enjoy it. 

I met his widow at Boulogne, where she was stay- 
ing with her aunt, who had then become Lady Rivers, 
her husband having succeeded to that title. Mrs. 
Howard was accompanied by a little boy of pleasing 



FICTITIOUS CLAIM. 411 

appearance, whom she represented as being the son 
of her late husband, and consequently the Earl of 
Wicklow. I think I was staying at the same hotel 
with them ; at all events, I became acquainted with 
them, and learned that their claim was disputed, and 
I was ultimately retained to support it. 

I found that the allegation upon the other side was 
that the child was not her own, but had been pro- 
cured from some other source, and there were so 
many circumstances that struck me as suspicious that 
I insisted upon the lady undergoing a medical exam- 
ination by some physician of eminence. This she re- 
fused to do, and as I was acting for her as a friend, I 
declined to go on any further in the case. She after- 
wards retained eminent counsel, who conducted her 
cause in the House of Lords, and placed it in as favor- 
able a light as it was capable of. 

An adjournment, however, having taken place, a 
discovery was made that did not at all surprise me. 
A nurse and other persons belonging to the Liverpool 
Workhouse identified Mrs. Howard as having come 
there with another lady and procured a recently born 
child from its mother, who was a pauper in the work- 
house. Mrs. Howard would not face this evidence, 
and refused to be examined. Of course, there could 
be but one result — the dismissal of her claim. There 
were others who, I believe, put her up to making it. 
I have never heard what became of her or of the 
child, which had been kindly and carefully brought 
up. Shortly after this event Lady Rivers died. She 
had been a great sufferer for many years, and Lord 
Rivers married again a lady of high position. He 



412 LORD RIVERS. 

was an old acquaintance of mine, and I used to meet 
him frequently during the first trial of the Tichborne 
case. He was a very enthusiastic supporter of the 
claimant, but whether upon any reliable grounds I am 
not aware. I used to meet him two or three years 
ago at Maidenhead, and have had frequent conversa- 
tions with him. He spoke very unfavorably of the 
claimant, but nevertheless his faith in his identity was 
not in the slightest degree shaken. 

I am sorry to say that he has recently died, and I 
believe almost his last act was to initiate an endeavoi 
to reverse the judgment of the Court of Queen's Bench 
upon the case. 



CHAPTER XXXIX. 

VIVISECTION. 

IN an early portion of these pages I ventured some 
observations upon the subject of vivisection. I 
described it according to the feelings I entertained, 
and upon the foundation of accounts that I had read 
of the nature of the experiments practiced upon dif- 
ferent animals. I was led into referring to the sub- 
ject not only because it was one upon which I had 
always felt great horror, but I thought it not inappro- 
priate to the mode in which corpses were obtained 
for the dissection table. No one ever estimated more 
highly than I do the eminent services of medical men 
towards their community, their high character, or 
their noble sacrifices and self-denial, but I believe that 
in the pursuit of science there are amongst some a 
recklessness and disregard of consequences which 
may lead, as it did in the matter of the resurrection- 
ists, to grave evils. I find that one of the most emi- 
nent surgeons that have ever adorned the profession, 
Sir William Fergusson, in the evidence he gave be- 
fore the commission appointed to inquire into the 
practice of vivisection, in July, 1875, expressed a great 
dislike to and disapprobation of many of the experi- 
ments resorted to. 413 



414 RICHARD HOLT HUTTON. 

Although, my feelings — it may be called sentiment 
— extend themselves to all animals that are subjected 
to dissection whilst living, my observations were more 
particularly directed to those that had become do- 
mesticated. In this view I am upheld by Mr. Rich- 
ard Holt Hutton, a member of the commission, and, 
I believe, by no means one of the least eminent. He 
makes a great distinction between domestic and other 
animals. The former, he says, possess a higher sen- 
sibility than others ; they have been brought under 
the influence of civilization, and these members of our 
household, he thinks, ought to be exempted from all 
liability to such experimentation ; and he puts for- 
ward another reason that must surely reach the heart 
of any one possessed of common feeling. I will quote 
his own words upon the subject: — "A third reason 
for this exception seems to suggest itself from the 
very nature of our relations with these creatures, 
which we have trained up in the habit of obedience 
to man and confidence in him, so that there is some- 
thing in the nature of treachery, as well as insensi- 
bility to their suffering, in allowing them to be the 
subject of severe pain, even in the interests of science." 

Since I wrote my earlier observations upon this 
subject, three treatises have been published in the 
" Nineteenth Century " Review, bearing the names 
of great men, in which it is discussed, — Sir James 
Paget, Professor Owen, and Doctor Samuel Wilks, 
and their far-famed reputation gives to their opinions 
a commanding weight. Of course in a question of 
experience or science I cannot presume to place my 
opinion upon a par with theirs, although I cannot ad 



SIR JAMES PAGET. -SIR WILLIAM FERGUSSON. 41 5 

mit that scientific reasoning can overcome conscien- 
tious feeling. Still, the utterances of such men upon 
any point are bound to be carefully weighed. I have 
a slight acquaintance with Sir James Paget, and from 
that, and the high estimation in which he is every- 
where held, the utmost respect is due to his views, 
and in some of them I thoroughly agree ; there are 
many cruelties inflicted by mankind upon animals 
without the excuse created by the object of vivisec- 
tion. I hope that he is correct in saying that the pain 
suffered during its process is not so severe as those 
who read its description imagine ; and I fully concur 
in his statement that sensibility increases by culture 
and refinement, and this view also accords with Mr. 
Hutton's; but I am obliged, if not to dispute, at all 
events to quote an authority against the accuracy of two 
of his illustrations — those in which he attributes to 
Hunter the valuable discoveries in relation to tying 
up the arteries, to experiments upon living animals, 
and to the same source to Dr. Simpson of Edinburgh 
the discovery of the use of chloroform in excluding 
pain during operations upon human beings. Sir Wil- 
liam Fergusson, whom I have already quoted, does 
not concur with Sir James Paget as to either of these 
statements ; and I will quote his words, which I take 
from the report of the Commission held in 1875: — 
" Some of the most striking experiments that have 
been performed upon the lower animals with refer- 
ence to surgery have really been performed already up- 
on the human subject, and proved on the human sub- 
ject, and therefore there is scarcely any necessity for 
the repetition of such operations." He then illustrates 



416 DR. SIMPSON'S EXPERIMENTS. 

his views by referring to John Hunter, whom he de- 
scribes as one of the greatest physiologists and greatest 
surgeons that ever lived, and who devised an opera- 
tion upon the arteries which was one of the most 
brilliant in surgery, and did so for the first time upon 
the human patient. By this operation Sir William 
was of opinion that everything necessary was known, 
and yet he says it is notorious that since that time thou- 
sands upon thousands of animals have been tortured un- 
necessarily to prove what was already perfectly well 
known. 

Another remarkable statement is made by Sir Wil- 
liam Fergusson, and surely a very suggestive one. 
" I am not aware," he says, " of any great surgeons 
having been great experimenters upon animals, and I am 
not aware of any great operator upon the human sub- 
ject who ever prided himself upon being a good op- 
erator upon the lower animals." He also speaks of 
the experiments in chloroform, of which he says : 
" All the experiments upon the lower animals have 
been performed since the experiments have been con- 
clusively applied to the human subject." 

It will be observed that Sir William quotes, as illus- 
trating his own. view, the very examples relied upon 
by Sir James Paget. I had the pleasure of knowing 
Sir William in private life, and have heard him fre- 
quently reprobate the unnecessary practice of vivi- 
section ; and in reading the article of Sir James Paget 
himself I cannot help thinking it is written in a some- 
what apologetic strain, and not quite as if his feelings 
went with the opinions he has enunciated. 

It is very difficult indeed to obtain, upon such a sub- 



DANGERS OF SPECULATIVE OPERATIONS. 417 

ject as vivisection, a fair discussion ; it is naturally 
mainly confined within scientific limits and assertions : 
the great body of the public, who are shocked at its 
practice, become lost in terms of art ; whilst the alle- 
gations of great and useful discoveries dependent upon 
it are made, conscientiously, no doubt, but without 
the kind of evidence which would alone be satisfactory 
in the case of other discoveries ; and I have thought 
it therefore desirable to place before those who take 
an interest in the subject the antagonistic opinions of 
such men as Fergusson and Paget. I admit that mine, 
in a scientific point of view, can be of little weight. 

Throughout the proceedings upon the Commission 
the use of anaesthetics is enforced, and, so far as suf- 
fering during an operation is concerned, there is no 
doubt that external evidence of pain is destroyed ; 
but let the imagination follow the victim through the 
hours, days, months, during which it is kept alive for 
the purpose of fresh experiments. 

It was stated by most of the witnesses that the 
pupils expressed indignation if any unnecessary cruelty 
was exhibited by the performers ; and I was very 
glad to read this, as I imagined such scenes were 
likely to engender indifference to human suffering. 

There is another aspect of the practice that occurs 
to me, and I believe that there are eminent men of 
the medical profession who will not altogether ignore 
it — it is calculated to lead to speculative operations 
upon our fellow-creatures. It may probably also arise 
from my practice in courts where evidence is scruti- 
nized, and the conclusions arrived at with caution, that 
I do not assume the correctness of those which are 
27 



418 "NINETEENTH CENTURY" REVIEW. 

not subject to adverse tests, and I have seen so many 
scientific witnesses enter a witness-box with undoubt- 
ing minds upon a particular theory, who have left it, 
if not themselves convinced of their error, at all events 
having convinced every one else of it, that I cannot 
blindly follow assertions that are repugnant to my 
natural feelings. 

I hope that the above observations may not be 
deemed presumptuous ; but as the very learned con- 
tributors to the subject in the " Nineteenth Century " 
Review threaten a crusade with the view of enlarging 
the sphere of the vivisectionist operations, and re- 
moving the restrictions which were created in conse- 
quence of the report of the Commission of 1875, I 
have ventured to call attention to certain differences 
that exist amongst the most eminent of those who 
advocate the practice ; neither can I admit that the 
subject can be determined purely upon scientific 
grounds. 

I am also entitled to consider certain reports that 
have appeared in the public journals quite recently — 
an investigation that has taken place in a public court, 
and statements that have been made, and that remain 
uncontradicted. 

I am now quoting from the " Times " of November 
18th in the last year. It appeared that two eminent 
professors, after dilligent search into the brains of 
living animals, were unable to agree upon a result : 
upon which another professor, equally eminent, hav- 
ing obtained a supply of cats and monkeys, endeav- 
ored to settle the question by similar means. I did 
not follow the history of the cats, aiid cannot tell for 



TORTURE OF MONKEYS. 419 

how long they served the purpose of this inquiry. I 
learned a little more about the monkeys. They, it 
appeared, after the first inquiry into their brains with 
the scalpel, were kept for seven weeks, during which 
time several essays were made upon the journey of 
discovery. I suppose thev were selected as bearing 
some resemblance to the human being. 

Poor things ! they had been probably kidnapped ; 
but still I can imagine them enjoying a period of 
pleasure, petted by the sailors on board the vessel 
that brought them over, and then gradually disposed 
of by the philosopher's knife. 

If the following paragraph, which I copy from the 
same paper that I have already quoted, be correct, it 
does not say much for the humanizing character of 
the lectures and illustrations : — 

" A large crowd of medical students assembled out- 
side the court, but in consequence of 1heir howling 
and cheering, were kept out of it." 



,CHAPTER XL. 

THE TICHBORNE BARONETCY. 

A MONGST marvelous stories developed in legal 
proceedings, none in my time have exceeded the 
adventures of the claimant to the Tichborne baronetcy 
and estates. The largeness of the property and the 
position of the family naturally attracted attention to 
a claim which sought to dispossess owners of estates 
the rights to which had never before been doubted, 
still less contested. The claimant was denounced as 
an impostor by many merely because his story was 
antagonistic to experience, whilst others were pre- 
pared to support him from the very marvels which sur- 
rounded it. The recognition by his mother was 
thought by many to be an irresistible proof of his iden- 
tity, and this obtained additional strength from opin- 
ions emanating from people of position and character, 
who had known Sir Roger well, and to whom no un- 
fair motives could in justice be attributed. At the 
commencement of the proceedings, certainly, shrewd 
lawyers believed in him, and even now there are many 
persons who have no sympathy with his career, but 
who nevertheless are convinced of his identity. 
The interest in the case was also enhanced by the 
420 



PUBLIC INTEREST IN THE CASE. 421 

enormous amount expended in the conduct of the de- 
fense, and the proceedings before Lord Chief Justice 
Bovill might have been more properly described as 
" morning performances " than sober legal inquiries. 

The rush for seats was much noticed and com- 
mented upon in different journals, and his lordship's 
health was supposed to have been impaired, not so 
much by the judicial strain as by the arduous and un- 
accustomed duties of master of the ceremonies; whilst 
in relation to the criminal trial the Lord Chief Justice 
of England had unfortunately expressed opinions that 
led the supporters of the claimant to assert that he 
was not likely to obtain a fair trial at the hands of 
that learned judge. 

In the course of the second trial an unfortunate and 
reprehensible element was introduced in the shape of 
a writer who, representing the claimant as counsel, 
made this a centre point from which to shower in- 
vective upon the heads of all who were opposed to 
his claims. 

It is not my intention in the following pages to ex- 
press any opinion upon the truth or falsehood of the 
present romance. I was at the commencement re- 
tained as the claimant's counsel, and I do not consider 
that it would be right for me to disclose more of the 
circumstances than are known or may be known 
through the ordinary channels of public information. 

A brief sketch of the previous history of Sir Roger 
Tichborne is necessary to enable my readers to fol- 
low the remarks that I am about to oifer. He was 
born in the year 1829, and partially educated at Stony- 
hurst College, a Catholic establishment of very high 



422 EARL Y HISTOR Y OF SIR R GER. 

character, his family, as is well known, being of that 
faith. He does not appear to have remained at the 
college long, and it may be doubted whether he had 
made great progress in his studies — a circumstance 
that ought not to be lost sight of. Upon leaving it 
he was sent to Paris, and there, if the evidence of the 
witnesses given at the trial be true, he must have met 
certain persons who professed to describe him as he 
appeared in that city at the period in question. Upon 
leaving Paris he returned to England, and in the year 
1849 obtained a commission in the Sixth Dragoon 
Guards (the Carabineers), and remained in the regi- 
ment until some time in the year 1 853. His character 
whilst there does not throw much light upon the identity 
of the claimant. He certainly exhibited no signs of a 
vicious disposition, and was retiring rather than the 
reverse. On the other hand, he was restless and unset- 
tled. Hiscareer, afterhe left the army, was not indicated 
with much clearness, but he certainly quitted England, 
and. within twelve months after he had left the army 
he was staying at Rio de Janeiro. 

No known object but the spirit of adventure had 
apparently taken him thither, but at this period it was 
undoubtedly his intention to return to his native land, 
as he secured a berth on board a vessel called the Bella, 
bound for Liverpool, and upon which he embarked. 

This is common ground, and the theory of his 
family is that the ship was wrecked, and the passen- 
gers and crew, including Sir Roger Tichborne, were 
drowned. 

We must now take up the narrative from the mouth 
of the claimant ; and he gives an account of the wreck 



THE CLAIMANT AT WAG GA WAGGA. 423 

of the Bella, but says that, with others of the crew, 
he escaped in one of the boats, and after knocking 
about the sea for some days was picked up by a trad- 
ing vessel and landed in Australia ; and one circum- 
stance must strike the reader of this narrative as re- 
markable, that, if he were Sir Roger Tichborne, he 
did not pursue the design that he clearly had when at 
Rio, and return to England at once. I cannot think 
that he could have had any difficulty in obtaining 
means to do so. 

I will hasten over this part of the story — he ap- 
pears to have pursued a life of hardship and advent- 
ure, probably not unattended with crime, and cer- 
tainly with poverty, and to have taken to himself a 
slightly educated woman for a wife, and in the year 
1865, to have been living at a village called Wagga 
Wagga, where he was pursuing the calling of a butch- 
er. It was in this year that the father of Sir Roger 
Tichborne died, and his mother, who had always en- 
tertained a belief that her son was alive, caused ad- 
vertisements to be inserted in numerous papers, some 
of which undoubtedly reached the remote district in 
which the claimant was living. 

Now, the supposition on the part of those who op- 
posed his claim is not only that he was not Sir Roger, 
but that he could by no probable means up to this 
time have ever even heard of such a person ; and it is 
certainly very remarkable that these advertisements 
should have attracted his attention, that he should 
have declared himself to be the lost heir; and, what 
is more singular still, that he should have been able, 
as was undoubtedly the case, to borrow funds to come 



424 LADY TICHB ORNE. 

over to England, from sources possessing apparently 
not the slightest ground for reposing belief in him. 
But so it was. On the other hand, his eagerness to 
leave Wagga Wagga was not followed by correspond- 
ing alacrity in reaching England. He wasted time, 
took a circuitous route, and did not eventually reach 
London until Christmas day, 1866. Then his pro- 
ceedings, if he were really Sir Roger, were of a most 
eccentric description. It was not questioned that he 
went down to Wapping, and made apparently anx- 
ious inquiries about the family of a butcher named 
Orton, whose son had started some years before on a 
voyage to Melbourne. He showed a knowledge both 
of the Orton family and the locality that subsequent- 
ly became an important feature in the different inqui- 
ries, and led to very unfavorable conclusions against 
trim. 

He attributed this conduct to a request from a per- 
son of that name who had been his associate in Aus- 
tralia. 

The solicitor originally retained for him was a gen- 
tleman named Holmes, who certainly believed in him, 
but before he took any steps in the case desired that 
he should be seen by the mother of Sir Roger, to 
which the claimant readily consented, and an inter- 
view took place in an hotel in Paris where he was 
staying. It was alleged that he was ill, and when 
Lady Tichborne saw him he was in bed. It was said 
that he practiced means to prevent her having an op- 
portunity of judging of his identity ;. this, however, 
was denied, and without hesitation she acknowledged 
him as her lost son. 

I may now say a few words of the impression he 



INTER VIE W WITH LADY TICHB ORNE. 425 

made ujdou me when first I saw him. He was stout 
and unwieldy, with marked but not coarse features, 
although his size would at first create such an im- 
pression, but his hands and feet were certainly not 
what I should have expected to find upon a low-bred 
person. The expression of his face was not bad, and 
somewhat of a melancholy cast. His manners were 
not those of a person who had ever moved in good 
society. 

What was a noticeable point was that a great like- 
ness was discoverable in him to many members of the 
Tichborne family. 

When I was first consulted upon the matter by 
Mr. Holmes, I felt that the disturbance of a family in 
an estate that they had held unchallenged for so many 
years was so grave a matter that I ought not to act in 
it without satisfying myself, as far as it was possible 
for me to do, that there was reasonable ground for the 
claim, and., before moving in it, requested an inter- 
view with Lady Tichborne, which was accorded with- 
out hesitation. I had been informed that she had al- 
ways clung to the idea that her son was alive, and I 
had also heard that for some family reason her feel- 
ings were somewhat antagonistic to members of her 
husband's family. She called upon me at my cham- 
bers, and I had an interview with her without the 
presence of any one but ourselves, and certainly with 
no favorable bias in my own mind toward the claim- 
ant. Lady Tichborne was a very quiet, lady-like 
personage, and was dressed plainly in black. She 
seemed to have endured suffering, and to be more 
aged than her years would warrant. She did not 



426 RETAINED FOR THE CLAIMANT. 

exhibit any animosity toward her kinsfolk, but ex- 
pressed herself most earnestly upon the subject of 
the claimant. She treated the notion of her being 
mistaken as to his identity as being absurd, spoke of 
marks upon his person which she had remembered 
noticing in his infancy — I did not ascertain whether 
she had actually seen them since — and she ended our 
interview by the following words, which I remember 
well : " How can a mother be mistaken in her son % " 
However the belief may be accounted for, I am con- 
fident that the lady was truthful, and fully alive to the 
gravity of her declaration. 

I accepted a retainer with Mr. Hannen on the part 
of the plaintiff, and although neither of us was unap- 
preciative of the many improbabilities that attended 
the claim, I believe that both considered it was one 
that the claimant had a right to bring forward, and 
possessed many circumstances to uphold it. 



CHAPTER XLI. 

COMMENCEMENT OF PROCEEDINGS IN THE TICHBORNE 

CASE. 

PROCEEDINGS were commenced in the Court 
of Chancery ; affidavits were filed ; experienced 
counsel, practicing in those courts, appeared for the 
respective parties, and the case was begun ; and, hav- 
ing briefly sketched the position of the claimant, I 
propose to show what weapons the representatives of 
Sir Roger Tichborne's family possessed to encounter 
the attack. 

In the first place, they were entitled, and did, as a 
matter of fact, file affidavits, and in them might have 
gi ven — an d ought, in my opinion, to have done — any 
information they possessed bearing upon the facts. 
Some five or six years afterwards they alleged for the 
first time that the real Sir Boger had indelible tattoo 
marks upon one of his arms, of which they were aware 
wlien first he made his claim, but nothing was then said 
in the affidavits on this subject. 

They had the power of subjecting the claimant to 
cross-examination — peculiarly important in such a 
case if skillfully exercised — and they availed them- 
selves of it. They believed the claimant to be an 

427 



428 CROSS-EXAMINATION OF CLAIMANT. 

impostor, and if so, they must have known that lie 
was a most daring one, and ready to adopt every means 
to defeat discovery. Still, much may be done by an 
advocate who knows how to deal with human nature, 
and has practiced his powers largely and with signal 
success. Such a man was one of the counsel they had 
retained — none abler at that time at the Bar — Mr. 
Hawkins. I believe, from the effect afterwards pro- 
duced by Sir John Coleridge, that, even with the 
scanty materials supplied, Mr. Hawkins would have 
crushed the case at its very outset if it had been false ; 
but instead of using this power the advisers of the 
family availed themselves of the talents of a Chancery 
barrister of high character and reputation, but who 
probably had little previous experience of cross-ex- 
amination under such unusual circumstances ; and they 
never could have supplied him with sufficient knowl- 
edge of the alleged marks, or undoubtedly, in my 
opinion, he would have asked the question of the wit- 
ness whether he had any such upon his arm, and the 
witness could not have done otherwise than answer in 
the negative. There were, according to their account 
subsequently, two witnesses (at least) of good posi- 
tion who were ready at that very time to come for- 
ward and say that they had actually themselves tat- 
tooed him at the college. 

The only reason that I have heard given for this 
mode of conducting the case was that the claimant 
might have created the marks if he had been in- 
formed of their existence. This is nonsense ; such an 
attempt must have been discovered, and would have 
wrecked the case. If he had been asked the ques- 



COMMENCEMENT OF THE TRIAL 429 

tion in the way that Hawkins would have put it, and 
attempted to shuffle, he would have been simply told 
to hold out his arm, and the non-existence of any such 
marks would have been destructive to his claim. 

Assuming that this fact was really known, and that 
it had been proved, I have no hesitation in expressing 
my belief that neither the solicitor nor counsel con- 
cerned for the claimant would have consented to go 
on with the case. I am confident that it would have 
more than shaken the belief of his warmest support- 
ers, and, unlike those discrepancies which were abun- 
dantly proved at the trial, there would have been some- 
thing palpable for common minds to grasp ; and I be- 
lieve this monster trial, with the gigantic bill of costs, 
would have perished at its birth in the Court of 
Chancery. 

In one of those holes situated at Westminster, and 
in which during my professional career many legal 
tournaments have taken place, commenced the great 
encounter between Tichborne and Lushington, such 
being the name by which the case was designated. 
Sir William Bovill, the Lord Chief Justice of the Com- 
mon Pleas, presided. I led for the plaintiff, and with 
me were associated Mr. Hardinge Giffard, Mr. Jeune, 
Mr. W. B. Rose, and Mr. Pollard. 1 For the defend- 
ants, the Solicitor-General (Sir John Coleridge), Sir 
George Hony man, Q.C., Mr. Hawkins, Q.C., Mr. Chap- 
man Barber, and Mr. Charles Bowen. Mr. H. Mat- 
thews, M.P., and Mr. Purcell were counsel for the trus- 
tees of the Tichborne estate. 

The Court did not present so gay an aspect as the 
Old Bailey upon one of the gala days of that estab- 

1 Mr. Hannen had in the mean time been promoted to the Bench. 



430 CHIEF JUSTICE BO VILL. 

lishment ; the bright robes of the aldermen were sadly 
missed, and, whatever may have been the wishes of 
some of the visitors, no chance existed of the princi- 
pal performer ending his days in company with the 
Ordinary and executioner ; but brilliant representa- 
tives of rank and fashion crowded around the throne 
of justice which Sir William filled with no dissatisfied 
air. He did not then anticipate the labors that would 
be cast upon his shoulders. The first act opened with 
a terrific combat between him and certain jurymen, 
and legal weapons of unusual severity were used. A 
colonel in the Queen's Body Guard appealed to be 
permitted to attend upon Her Majesty's sacred person, 
but his lordship, fully capable of representing the feel- 
ings of this august personage, assured him that she 
greatly preferred the administration of the law to any 
protection that he could afford to herself. At last, 
however, all difficulties were conquered, although the 
sacred twelve were not reached, and the trial com- 
menced with only eleven victims. 

Of the Lord Chief Justice one would not wish to 
say an unkind word. No one could doubt his impar- 
tiality, and his thorough good nature rendered him 
very popular. He had been a successful advocate, 
and had a fair knowledge of law, but wanted dignity, 
and scarcely possessed grasp enough to deal with such 
a case. Occasionally he accepted advice from a bevy 
of ladies who clustered around him, and who took a 
great interest in the proceedings. This certainly was 
not upon law, but in French and geography, in which 
it was early shown that he had not been thoroughly 
grounded. It was not to be wondered at that, notwith- 



DEPOSITION OF LADY TICHBORNE. 43 1 

standing his intended fairness, the color of his mind 
was evidently adverse to the plaintiff. Those who are 
not lawyers ought to be made aware that the burden 
of proof lay upon the claimant, and that unless I, on his 
behalf, succeeded in making a case of such inherent 
probability as to require an answer, the defendants 
would succeed in the action. A thoroughly strong 
judge, if he feels that counsel for the plaintiff has not 
succeeded in doing so, will often convey a view to that 
effect. And if, after this case had proceeded through 
part of the claimant's cross-examination, a suggestion 
to this effect had been made from the bench, I think 
that I should have withdrawn ; it was clearly impos- 
sible for any jury to say that such a case had been 
made out as to exclude doubt. 

The names of the gentlemen who were my juniors 
are sufficient to show that the assistance I had was 
as powerful as any that could be obtained at the bar. 

In launching the evidence, I began with putting in 
the deposition of Lady Tichborne, who had died be- 
fore the trial, and I afterwards proceeded with wit- 
nesses who had known Sir Roger and undertook to 
identify him. Of these I called several. I thought 
before putting the plaintiff in the box it was desirable 
to give an air of probability to the story he was about 
to tell. At last the jury desired to have him present- 
ed to them, which accordingly I did. Great sensation 
and rustling of silks and satins accompanied the 
claimant as he rolled into the witness-box. I have 
already described his appearance. Mr. Giffard took 
upon himself the laborious task of examining him in 
chief, and it is impossible to say that the effect prir- 



432 



THE CLAIMANT. 



duced diminislied the unfavorable impression which, 
in the court at all events, had been produced by his 
appearance. His evidence lasted until the middle of 
the fourth day from its commencement, when the So- 
licitor-General commenced his cross-examination, 
which continued for several days. This learned coun- 
sel seemed to lay in a fresh stock of ammunition ev- 
ery evening, commencing a vigorous discharge on each 
successive morning. 

One prominent and most damaging result was in 
exhibiting the claimant's utter ignorance of the 
French language, and Sir John's perfect familiarity 
with this and also with the classics enabled him to ex- 
pose the witness upon these latter subjects in lights 
both startling and ridiculous. I presume that his ob- 
ject was not only to win the case, but entirely to de- 
stroy the claimant for any future attempt, and cer- 
tainly no cross-examination was ever heard in a court 
of justice which exhibited more labor and industry, 
or was more completely successful. 

And if the Lord Chief Justice had then interfered 
and, without expressing any opinion of the actual mer- 
its of the case, had asked the counsel for the plaintiff 
whether they could hope for a verdict, whatever might 
be the justice of the plaintiff's claim, I think, as I have 
hinted already, that all of us would have admitted that 
we could not. 

I know that the jury were themselves prepared 
to endorse such a suggestion. However, the case 
went on, and the Solicitor-General addressed .the 
jury at great length and with marked ability, and 
proceeded to call witnesses, during which a defection 



WITHDRAWAL OF MR. ROSE. 433 

occurred in our camp, and Mr. Rose, one of the firm 
of solicitors instructing us, embraced an adverse view. 
The subject is a painful one, which I do not wish to 
dwell upon ; it caused the counsel much embarrass- 
ment and difficulty, and the course pursued by him 
was extremely prejudicial to any views that could 
have been adopted in the interest of his client. 

After the conclusion of his speech, the Solicitor- 
General proceeded to call witnesses, many of whom, 
as was the case with those called on the part of the 
claimant, were open to no suspicion of falsehood or 
dishonesty, amongst them Lord Bellew and the peo- 
ple from Paris ; and I believe that it was at this pe- 
riod of the trial that the tattoo evidence was for the 
first time started in the case. After a time I felt it 
to be impossible to obtain an affirmative conclusion, 
and that I was not justified in keeping up the case 
any longer, and accordingly determined to accept a 
non-suit upon the part of my client. Some intimation 
must have been given that I intended to do so, as a 
grand finale was prepared, and the performance attract- 
ed a more than usually fashionable audience. The 
stage was grouped in somewhat a melodramatic fash- 
ion : the centre figure in his usual place in the body 
of the court, ladies pressing eagerly in every direction, 
and at the back, only dimly visible amongst the brill- 
iant dresses, two dark figures, apparently greatly out 
of place, but in reality very important performers in 
the scene about to be performed. They were tip- 
staves, prepared to take the unhappy claimant into 
custody. 

Whatever may have been the opinion of the jury, 
28 



434 COMMITTAL OF CLAIMANT. 

the course I adopted prevented them exjDressing any, 
and therefore it appears to me that the judge had no 
precedent whatever for the course he pursued, which 
was, upon my withdrawal, to order the claimant into 
custody. I cannot forbear thinking that this was most 
unfortunate. Even where a jury have returned a ver- 
dict declaratory of their opinion, judges have almost 
invariably refused to exercise this power, and I re- 
member Lord Penzance saying emphatically that he 
considered such a course cast an unfair prejudice 
upon an accused person. It was in this instance a 
sacrifice to convenience. It was doubtless felt by 
those who were determined to prosecute the claim- 
ant that if he were treated in the usual fashion of per- 
sons charged with crimes, there would be great delay 
and difficulty. He would have to be brought before 
a magistrate, a prima facie case made out for a com- 
mittal, and he would be entitled to call witnesses to 
rebut it. Fresh scenes, probably not very decorous 
ones, would have been enacted before an inferior 
tribunal. 

I do not believe that there ever was an instance in 
which any judge exercised this power without the 
opinion of the jury having been expressed, and I can- 
not think that, considering the mass of evidence, some 
of it certainly honest, on the part of the plaintiff, and 
the jury having expressed no opinion, a judge was 
j ustified in broadly proclaiming his view by a proceed- 
ing so arbitrary as the committal. It may be said that 
otherwise a great criminal might have escaped. Per- 
haps he would, and might even have become a member 
of the Legislature. But, in my opinion, it would have 



BOGLE'S EVIDENCE. 435 

been far better that an offender should obtain immu- 
nity than that a large body of the public should be- 
lieve that his punishment has been obtained by un- 
usual means, as undoubtedly was the case by the pro- 
ceeding in question. 

In the foregoing sketch I have not mentioned a per- 
sonage who took a very remarkable part in upholding 
the claimant, and one whose conduct was not recon- 
cilable with any corrupt motives that could be sug- 
gested upon the trial ; this was an old servant of the 
Tichborne family named Bogle. He was a negro, 
and of considerable age. He was receiving a pension 
for his services, which his conduct upon the occasion 
of the claim caused him to lose. He declared his 
recognition of the claimant, and it is extremely diffi- 
cult to know how he could be mistaken, and at least 
equally difficult to understand why he should have 
perjured himself. I confess I saw nothing in his man- 
ner which led me to that belief. He was cross-exam- 
ined at length, and was not at all shaken. 

His hair was perfectly white, and Mr. Hawkins 
could not resist the joke that he reminded him of an 
ebony stick with an ivory knob. The management by 
this gentleman of the witnesses upon this trial, as well 
as upon the one I am about to narrate, satisfies me of 
the correctness of my opinion, that if he had cross- 
examined the claimant before the commissioner, the 
case would probably have collapsed, and that if he 
had done so, possessing the knowledge of the tattoo 
marks, it certainly would. 



CHAPTER XLIL 

INDICTMENT OF CLAIMANT. 

/^\N the 23d day of April, 1873, the trial of the 
^-^ claimant took place in the Court of Queen's 
Bench, before Sir Alexander Cockburn and Justices 
Mellor and Lush, and no one could doubt that it would 
be conducted with perfect fairness and impartiality, 
notwithstanding that the Lord Chief Justice had pre- 
viously made no secret of his views, which were un- 
favorable to the accused. 

Mr. Hawkins, as I have elsewhere incidentally men- 
tioned, conducted the prosecution, in which he had 
the assistance of Serjeant Parry and other counsel of 
eminence. The defense was entrusted to a gentleman 
named Dr. Kenealy. He is now no more, and it would 
be well for his reputation if he had passed away at 
an earlier period. He was a man of singular learn- 
ing, and one of the finest classical scholars of the day, 
a fluent speaker, and, although eccentric, by no means 
a contemptible poet. The trial of the claimant might 
have given him an opportunity of obtaining distinc- 
tion of an honorable kind, and the tribunal as consti- 
tuted was most favorable to him, as he had dedicated 
a poem, which might by many have been considered 
436 



DR. KENEALY. 437 

fulsome, to Sir Alexander, who always treated him 
with marked attention, received him as a guest at his 
house, had been the means of obtaining for him a silk 
gown, and undertaken the office of godfather to one 
of his children ; but the notoriety that he attained by 
a course that he adopted would have injuriously af- 
fected the interests of any client. 

Dr. Kenealy published a newspaper called the 
"Englishman," in which he attributed, in violent terms, 
crimes of the deepest dye to men and women of po-' 
sition and character. One man, whom he was under 
deep obligation to, he actually charged with assassi- 
nation. There is no doubt that the extravagance of 
his accusations destroyed their effect against their in- 
tended victims, but they as certainly created a feel- 
ing of repulsion towards the man whose cause he af- 
fected to advocate. And I know that the horror of 
being in any way associated with him prevented some 
believers in the claimant from coming forward on his 
behalf. Independently of this defect in his character, 
he exhibited every fault incident to advocacy; he in- 
sulted the judges, he disgusted the jury, and finally 
committed the cardinal blunder of undertaking to prove 
what was not really in issue, namely, that his client 
was in truth Sir Roger Tichborne. This was neces- 
sary for the success of his paper, but destruction to 
the prospects of his client. 

It must be borne in mind that the claimant was 
now being tried upon a criminal charge, and conse- 
quently the position of the parties was entirely changed 
from what existed at the civil suit, the onus in the for- 
mer lying upon the plaintiff, as I have already pointed 



438 BAD ADVOCACY. 

out, to prove his case. In the indictment, however, 
it was incumbent upon the prosecution to prove that 
he was not the person he alleged himself to be, and 
that without reasonable doubt. Dr. Kenealy took 
up the exactly opposite position, and dealt with the 
facts as if he were bound to prove the identity. Noth- 
ing could be more prejudicial than such a course. 
Any advocate of ordinary judgment ought to have 
known that to secure such a result was beyond the 
bounds, I am almost prepared to say, of possibility. 
If a barrister of discretion, judgment, and character 
had enforced upon the attention of the jury those ele- 
ments that existed in the case, and which were cer- 
tainly very remarkable, and appealed to that body to 
consider whether they were not such as defeated the 
certainty of guilt, I believe that, if a favorable ver- 
dict had not been obtained, the jury would have been 
discharged. 

The recognition by the mother, skillfully dealt with, 
could not have failed to produce a great effect. It is 
true that her deposition was not receivable in evidence ; 
but what a topic would have been the hardship of its 
rejection in the hands of a counsel capable of using 
it ! It would probably have had more effect even 
than its reception. Then there were witnesses, offi- 
cers, gentlemen and ladies of unimpeached character. 
There was Bogle, an apparently disinterested witness, 
and many earnest believers of lower rank, who would 
again have come forward, and a careful selection of 
these could not fail to have had much weight; and if 
I am right in my conclusion that some of the Paris wit 
nesses were unreliable — and upon the former trial 



DR. KENEALY. 439 

their evidence was most contradictory — a great point 
might have been made. 

If they had broken down, as I am sure these would 
have done if the counsel had been reversed, a most 
important effect would have been produced upon the 
case of the prosecution, and let me add that from 
much experience that I have had of the Lord Chief 
Justice, although I am sure that he had taken a strong 
view against the defendant, I am also confident that, 
if a doubt had dawned upon his mind of the correct- 
ness of the conclusion, he would have given to it the 
fullest effect. Instead, however, of using the means 
in his power to conciliate the Court and the jury, Dr. 
Kenealy lost no opportunity of irritating the feelings 
of both. A signal instance was exhibited in his cross- 
examination of a witness of position, whom I believe 
to have been mistaken, and who ought to have been 
dealt with upon that assumption, instead of which the 
Doctor launched against him the charge of deliberate 
perjury, and cross-examined him upon an incident in 
his early career calculated to give pain, but which 
could have no earthly effect upon the character or 
credit of his testimony. And this he persisted in, 
notwithstanding the earnest remonstrances of the 
judges and the indignant protests of the jury. 

Finally, he took upon his shoulders the unneces- 
sary burden of proving that the defendant was really 
Sir Roger Tichborne, leaving it to be implied that, if 
successful, he would displace the existing possessor 
of title and property, instead of pointing out that un- 
der no imaginable circumstances could there be any 
such result, and appealing to the well-known princi- 



440 CHIEF JUSTICE COCKBURN. 

pie of criminal law, that no man should be convicted 
whilst a doubt fairly existed of his innocence. I alsc 
have no hesitation in saying that, if the jury did not 
believe the tattoo evidence, there would have been a 
blow struck at the superstructure of the prosecution 
of so serious a character when joined to the other 
facts favorable to his case, and to which I have al- 
luded, that it would fully have justified a jury in ac- 
quitting him. 

There was a gentleman originally associated with 
Dr. Kenealy in the defense of the claimant who suf- 
fered greatly from the course that his leader pursued, 
which he considered to be outrageous and grossly im- 
prudent, and he frequently consulted a mut/ual friend 
of ours, Mr. Serjeant O'Brien, upon what he ought to 
do, and latterly he declined to appear in court, al- 
though (acting under his friend's advice, in which I 
concurred, having been consulted by that gentleman) 
he took no active steps in the matter. I consider the 
claimant's interests suffered most gravely by the cir- 
cumstances related by Mr. MacMahon, the gentleman 
in question. 

Although, as I intimated before, the Lord Chief Jus- 
tice entertained a strong opinion against the defendant, 
which had unfortunately become known, the latter's 
interests did not in any respect suffer from it. The 
fault that the Chief Justice exhibited, and which was 
transparent throughout, was posing too much for effect, 
and rather encouraging than checking the length to 
which the proceedings were dragged out, and certainly 
occupying a very unnecessary amount of time in his 
own summing-up, which, however, displayed his ac- 



LUSH AND MELLOR. 441 

customed grasp and ability. The position of the two 
other judges was really nominal, but I must say that 
I think the trial would have been far shorter and much 
more consistent with the usual sobriety of criminal 
trials in this country if it had been presided over by 
either of them. The eminent head of the court upon 
this occasion has since passed away. 

Mr. Justice Mellor has prudently secured health 
by retiring from the bench, and may he long enjoy 
it. He has carried with him into his retirement 
the -respect and affection of the bar. Sir Robert 
Lush, too, after a life so undeviating in the per- 
formance of every duty that it might be called 
monotonous, has at last, covered with honor, ter- 
minated his earthly career. I tried to obtain a 
glimpse of my dear old friend, but he was too un- 
well to see me when, shortly before his death, I 
made the endeavor. 

The leading counsel for the prosecution is now upon 
the bench. His conduct of it was lengthy and elab- 
orate, too much so in my opinion, but thoroughly ex- 
haustive. Even if Dr. Kenealy had possessed ordi- 
nary discretion and good taste, he would have been 
no match in advocacy for his competitor, who was 
assisted by Serjeant Parry, himself one of the actors, 
and by no means an unworthy one, who has left the 
stage. 



CHAPTER XLIIL 

LORD WESTBURY. 

pHERE are very few men for whom, not being 
associated upon terms of intimacy, I entertain- 
ed a greater admiration than I did for Lord West- 
bury. I also felt much sympathy with him upon the 
occasion when he was obliged to abandon the office 
of Chancellor, which, judicially, certainly no one ever 
filled with greater credit. I had received from him 
when Attorney- General many acts of kindness. He 
had appointed me to argue a case before the judges 
in the Court of Crown Cases Reserved, and also as 
counsel in the prosecution of the British Bank direct- 
ors, and when he became Chancellor had given me a 
patent of precedence. 

He was involved in difficulties in consequence of 
some arrangements made by his son, Mr. Richard 
Bethell, which certainly showed a want of sufficient 
supervision upon his part, but I know that his affec- 
tion and trust in that gentleman were unbounded. 
The vote of censure in the House of Commons im- 
plied carelessness only, and the announcement by him- 
self in the House of Lords of his resignation of the 
Lord Chancellorship was listened to with sympathy, 
442 



FOOLISH VERDICT OF A CORONER' S JURY. 443 

and his concluding observations with such amount of 
applause as would scarcely have been the case if any 
graver imputation had rested upon his conduct. That 
concluding scene of his public career was truly pain- 
ful to his friends, by whom he was much beloved, but 
on his part was conducted with the utmost dignity. 
He had married into the family of a gentleman named 
Abraham, an architect of considerable eminence, and 
it so happened that this was the means by which I 
became personally acquainted with him. One of his 
brothers-in-law was at the same school with me — at 
Mr. Wigan's, at Blackheath. Another carried on the 
profession of architect, and during his supervision of 
the building of the now well-known premises of Mr. 
Smith, in the Strand, in his capacity of district sur- 
veyor, an accident happened by which some lives 
were lost, and the wisdom of a coroner's jury led to a 
verdict of manslaughter against Mr. Abraham, by 
whom I was retained. Sir Richard Bethell, then So- 
licitor-General, sent for me, and showed great anxiety 
upon the subject. I assured him that there was not 
the slightest risk ; that it was only one of the mis- 
chievous pieces of folly that not unfrequently distin- 
guished a coroner's court, and would be corrected di- 
rectly it arrived before a competent one. However, 
he was not satisfied with my assurance, and made 
himself fully master of every technicality of the law 
upon the subject. The case was committed to the 
Central Criminal Court, where Mr. Abraham had to 
appear and surrender into the dock, which he did, ac- 
companied to the entrance of it by his brother-in-law. 
Sir Alexander Cockburn, who was the Attorney-Gen- 



444 SHOCKING TRAGEDY. 

eral at that time, had volunteered to appear for him, 
and was with me and Mr. Bovill, afterwards Chief 
Justice of the Common Pleas, for the defense. The 
parade, however, except as exhibiting kindly feeling, 
was perfectly unnecessary. The grand jury, of course, 
threw out the bill, and the judge directed the petit 
jury to acquit upon the inquisition. 

Sir Richard was a member of the Middle Temple 
Bench, and it was supposed that through his influence 
Mr. Abraham was employed as architect upon the erec- 
tion of a new library, and in consequence it generally 
goes by the name of "the little Bethel." 

In the spring of 1860 a shocking tragedy occurred 
at Lewes. A gentleman named Hopley and his wife 
kept a school in this town. He had several scholars, 
and amongst them a boy of the name of Reginald 
Channell Cancellor, whose father was one of the Mas- 
ters of the Court of Common Pleas. 

This poor boy was of weak intellect, and Hopley, 
whose own mind was, I am willing to think, distort- 
ed, exercised upon him a system of unceasing cruelty. 
He seemed to imagine that the weakness, partly nat- 
ural, and partly the result of terror occasioned by his 
own conduct, was obduracy of temper, and the feebler 
he became in mind and body, the more cruel were the 
tortures inflicted upon him. At last, during the night 
of April 21st, his system of correction was brought 
fully to the test. Screams that sent terror into the 
hearts of the other pupils were heard during the long 
hours of the night. The poor children lay shudder- 
ing with fear and horror, whilst the wretched half- 
witted victim of a lunatic's system of education was 



MR HOPLEY. 445 

deliberately mangled to death, and was found on the 
following morning a corpse. 

I knew Hopley's brother, who was an artist, with 
some genius, but eccentric, living in St. John's Wood, 
and through him was retained to defend Thomas Hop- 
ley at the Lewes Assizes, where he was indicted and 
tried for manslaughter before Sir Alexander Cockburn. 
Mr. Cancellor, the father, was well known to all of 
us, which heightened the feelings we entertained. 
The plea of insanity was not set up, although for the 
credit of human nature I could wish that it should have 
been, and believe that it could have been supported 
upon the definitions of that malady that I have already 
discussed. Cockburn was intensely affected, as he 
always was when sympathy was demanded. Hopley 
being found guilty of manslaughter, was sentenced to 
four years' penal servitude, and issued from his gaol a 
circular, of which I will venture to transcribe the fol- 
lowing portion. He advocated the formation of a 
" grand model educational establishment," with him- 
self as the model Christian master, and his wife, mar- 
ried and educated by him for this express purpose, "to 
aim at becoming the model Christian mistress." The 
lady however, did not appear ambitious of the posi- 
tion, or to approve of the system of education, for, 
some years after, she sued for a divorce, and obtained 
a decree for a judicial separation. What has become 
of him I know not. I hope I did my duty to him as 
his counsel, but I did not attempt to justify his sys- 
tem of education. 

His poor brother, whom I sincerely pitied, had ex- 
pended years in painting a picture called, as far as my 



446 COCKBURN'S SENSE OF JUSTICE. 

recollection serves me, " The Building of a Pyramid 
by an Early Egyptian Queen." The slaves, with enor- 
mous difficulty, are supposed to be bringing the mate- 
rials from immense distances, and the work represent- 
ed on the canvas was not feebly portrayed by the la- 
bor exercised in its delineation. The minutiae were 
very exact and carefully executed, but there was no 
great imagination displayed in its construction, and it 
did not command success adequate to its great elabora- 
tion. It was, however, his idol. He parted with it 
to serve his brother, and, poor fellow! he mourned 
over it, and that and the disgrace of the trial hastened 
the end that a feeble constitution and many disap- 
pointments had long threatened. 

Sir Alexander's sense of justice, as well as energy 
in pursuing it, was evidenced recently in a matter 
about which he had many years before formed a strong 
opinion. When he was nearly a briefless barrister a 
case was tried upon the Western Circuit before Mr. 
Justice Williams. This was not the eminent lawyer 
and distinguished judge, Vaughan Williams, but the 
"Johnny " whose jokes I have recorded. The pris- 
oner was convicted. The details would afford no 
amusement nor add any point to the anecdote that I am 
relating ; it is sufficient to say that he was sentenced 
to transportation for life, and, notwithstanding very 
earnest endeavors on the part of Cockburn and others 
who considered the evidence to be unsatisfactory, un- 
derwent a great portion of his sentence, and it was 
only recently that, the case being again ventilated, the 
late Lord Chief Justice, in the midst of his pressing 
avocations, renewed with unabated energies his en 



APPOINTMENT OF JUDGES FOR ELECTION TRIALS. 447 

deavors on his behalf, and with success. The inno- 
cence of the convict, now bowed down by years, has 
been recognized. He has received a free pardon, and 
a sufficient pension for his remaining years. It is not 
only in this case that the public has to recognize an 
enlightened change in the constitution of the Home 
Office. I am glad to take the opportunity of mention- 
ing a very dear and valued friend of mine, and many 
others of former days. I allude to a gentleman 
named Scherer, a shorthand writer, very accomplished 
in his own profession, and possessing other qualities 
which endeared him to many friends at the bar as well 
as elsewhere. He was one of the most earnest be- 
lievers in the innocence of the person I have referred 
to, and energetic in his endeavors on his behalf. Poor 
Scherer's premature death did not enable him to reap 
the reward of his disinterested exertions, as his friend 
Cockburn had the satisfaction of doing. 

Sir Alexander Cockburn never shunned hard work, 
and amongst his efforts will be remembered an elab- 
orate address to the Chancellor protesting against the 
appointment of the judges to try election petitions. 
All his brethren concurred in it. However, it may 
fairly now be said that the evils anticipated have not 
been realized, and that the judges retain in their per- 
formances of these duties the same character for im- 
partiality that follows their career in all others im- 
posed upon them. 

The intense labor and research which he brought 
to bear upon the discussion of the Alabama Claims, 
and his luminous work upon the subject, strikingly il 
lustrate the various qualities of his mind, and are mat- 
ter of world-wide interest. 



448 LORD BLACKBURN. 

I have only to add that I think that the late Lord 
Chief Justice would form a worthy object for a far 
more skilled biographer than myself. I trust, never- 
theless, however far I have been from exhausting the 
subject, that I have not done injustice to a man who, 
amongst those recorded upon the page of English his- 
tory, is entitled to hold a most distinguished place. 

I am now about to record, not at any length, two 
cases in which I was engaged, and which were pre- 
sided over by a judge of a very different type and 
character from the one I have just parted with. I have 
already introduced Lord Blackburn, and recounted 
some of his proceedings during the election campaign. 
He also is worthy of record by a graver and more 
learned pen than I possess. I have no doubt that 
there are those who can speak of hours spent by him 
in indefatigable pursuit of the deep and profound 
knowledge that, since his promotion to the bench, he 
has exhibited ; and perhaps there are some who may 
have seen him in gayer scenes. His great patron, 
Lord Campbell, was once met at Cremorne Gardens, 
studying, as he said, human nature. Lord Blackburn 
preferred seeking it in Coke upon Littleton, without 
assistance from the haunts of revelry. I have never 
heard of his hanging over the chair of any north-coun- 
try maiden, whispering soft words into her ear, or ex- 
hibiting the activity of his person in the mazes of a 
waltz or even of a Highland reel. He was wont to 
sit in a back row in the Court of Queen's Bench, and 
greatly are Lord Campbell's judgments indebted to 
his clear and profound appreciation of law. Latterly, 
before promoted to the bench, he was entrusted as 



BLA CKB URN AS JUD QK 449 

junior with heavy mercantile causes, but never with 
the lead ; and, except amongst the solicitors who thus 
had experience of him, it could not be said that he 
had obtained reputation even as a lawyer. His ap- 
pointment by Lord Campbell was viewed with sur- 
prise, and people were astonished when they subse- 
quently discovered that there were such excellent 
grounds for it. His manner upon the bench was harsh 
and ungenial, but it was soon found that this was only 
his surface deportment. He was especially patient and 
painstaking. He had the fault that judges who have 
had little experience in the conduct of causes must 
necessarily have — an awkwardness in marshaling the 
facts of a case so as to suit them to the comprehen- 
sion of a jury. But at the time of his translation to 
his present position he had become a most excellent 
Nisi Prius judge, and there was no one before whom 
I would sooner have practiced. 

Shortly after his appointment he went the Home 
Circuit, and got into a sort of fracas at Guildford with 
Mr. Evelyn, who was High Sheriff. It appears that 
Mr. Justice Blackburn thought it necessary to hear 
the evidence in the cases he was trying, which the 
noise in court rendered extremely difficult. He or- 
dered a portion of the building, which at that time 
was a most inconvenient one, to be closed against 
the public. Mr. Evelyn published a placard declar- 
ing this proceeding to be contrary to law, and order- 
ing it to be opened. 

For this Mr. Evelyn was fined £500, Lord Chief 
Justice Cockburn, the senior judge, taking the oppor- 
tunity of doing what he was able to do full well-— 
29 



450 FRACAS WITH THE SHERIFF. 

making an extremely impressive address in inflicting 
the fine. 

Mr. Evelyn had been misled by some foolish friends, 
and it so happened that Mr. Serjeant Shee and my- 
self had passed the preceding Saturday to Monday at 
his very pretty place in the neighborhood, and amongst 
those who did not know much about us we got the 
credit of being his advisers — of course, without foun- 
dation. 

I will reserve the particulars of the two cases I 
have referred to until my next chapter. One wus 
that of the Baron de Vidil, the other that of a Ger- 
man named Karl Frantz 



CHAPTER XLIV. 

CRIMINAL COURTS AND CRIMINAL JUDGES. 

THE Baron de Vidil was a friend of the Orleans 
dynasty, and whilst that family were staying at 
Twickenham he was in the habit of visiting certain 
members of it. He had a son, a youth, as far as I can 
remember, about nineteen years old, and the story I 
am about briefly to relate is a very strange one. The 
father and son were riding together in a secluded lane 
in the neighborhood of Orleans House — it was in the 
June of 1861 — when the young man suddenly received 
a blow upon his head, and, turning round, saw his 
father in the act of repeating it, and he did inflict sev- 
eral of a murderous character with a heavily -loaded 
whip, and it was at the time alleged that it was his 
intention to commit murder. The lad pressed his 
horse forward, threw himself off the saddle, and, cov- 
ered with blood, sought the protection of a man and 
woman who happened to be passing. He fi rst seeme d 
disposed to accuse his father vehemently, and to dis- 
close the causes of the attack, but after a short time 
nothing would induce him to give any information. 

The Baron escaped to Paris, but was delivered up' 
to the English government, and tried before Mr. 

451 



452 TRIAL OF KARL FRANTZ. 

Justice Blackburn at the Central Criminal Court. 
Sufficient evidence was obtained from the man and 
woman, who had witnessed part of the assault, to con- 
vict him of unlawful wounding, but, as his son re- 
mained resolutely silent, no more serious verdict 
could be procured. I was retained for his defense, 
but learned no more than the rest of the public, and 
the events leading to the transaction remain still a 
mystery. Yidil was very well known in French so- 
ciety, and the circumstance of my defending him in- 
troduced me to the acquaintance of many of its 
members. 

They could give no clue to the transaction, but I 
fancy for some reason he had previously been in ill 
odor. It was one of the earliest criminal cases tried 
by Mr. Justice Blackburn, and excited much interest 
at the time. 

During the assizes following, a young man mamed 
Karl Frantz, a German, was tried before the same 
judge for the. murder of a woman named Haliday, 
the wife of the parish clerk of Kingswood, in Surrey. 
This is the case that I have already mentioned in 
which Madame Titiens was examined, and if he had 
been clearly identified 'by her probably the result 
would have been different ; but she exhibited some 
little hesitation, and the facts, which present no inter- 
est to the general reader, were circumstantial, though 
to my mind conclusive. I prosecuted the prisoner, 
and the present Mr. Justice Denman defended him 
with great ability and success, but I cannot help think- 
ing that the result was an example of how a judge of 
intellect, however powerful, is embarrassed when 



LEGAL PROCEDURE. 453 

called upon to deal with facts to which he has been 
previously unaccustomed, especially when they involve 
so serious an issue as the life of a fellow-creature. 
Mr. Justice Blackburn impressed those who heard 
him sum up upon this occasion with the idea that he 
was laboring under a sense of hesitation and doubt ; 
and juries, always loth to inflict the penalty of death, 
were affected by his demeanor. On this occasion 
this very distinguished man fully exhibited his kindly 
nature and his inexperience. 

I do not think that it is unfitting that I should take 
this opportunity to make a few observations upon a 
subject of vital importance in the administration of 
the criminal law. The amalgamation of the common 
law and equity systems is now an accomplished fact, 
although the procedure is still very different in the 
different courts, and judges are called upon to deal 
with causes by means utterly novel to them ; but this, 
doubtless, will all come right in time, after a reason- 
able number of suitors have been ruined ; but I vent- 
ure to suggest that this change affords the oppor- 
tunity that has been long wanted of initiating a radi- 
cal alteration both in the practice and the procedure 
of criminal courts. I certainly do not make the fol- 
lowing observations from any doubt of the ability 
of members of what was called the equity bar ; but 
surely it can hardly be conceived that they are fitted 
to be taken from the midst of affidavits, with no 
knowledge of oral testimony, or of the habits and 
character of those who occupy the proceedings of the 
Crown Courts, to preside upon some complicated 
question, involving the life, or the slavery for life, of 



454 NEW TRIALS. 

a human being. And although I believe that the in- 
experience of the judge is far more likely to result in 
a guilty man escaping than an innocent one being con- 
victed, a court of justice is one of those large stages 
upon which an incompetent performer is likely to cre- 
ate feelings weakening its efficacy and example, and 
may possibly be the cause of most calamitous results. 

I have in former chapters taken occasion to refer to 
the character of particular classes of witnesses, to the 
temptations that exist in some matters to falsify facts, 
and the occasional deliberate manner in which this is 
attempted. And it ought to be remembered that the 
Crown Courts are the arena upon which beginners 
are launched in the profession. Unlike the Civil 
Courts, the judge may not, and generally has not, the 
assistance of the ablest and most experienced advo- 
cates to take all human care that nothing shall escape 
notice that requires consideration, and therefore much 
more must necessarily be left to his experience and a 
mind assumed to be practiced. In a civil proceeding, 
however small the stake, he can be corrected if he 
should err, and upon this ground new trials frequently 
take place. But no court of appeal exists to which a 
fellow-creature condemned to expiate a real or sup 
posed crime upon the scaffold has a right to resort 
for the correction of erroneous law or a wrong con- 
clusion of fact. 

In the account I have given of a previous case, I 
have shown the imperfect means existing in the hands 
of the Home Secretary, and the mischievous results 
that occurred from there being no others. 

I wish that my observations should be of service 



CRIMINAL APPEALS. 455 

and produce inquiry, and this object would not be at- 
tained by any exaggeration. I am confident of the 
earnest desire of those who are called upon to fulfill 
their novel duties to accomplish the object, but they 
cannot by intuition jump into the knowledge that is 
required to do so. 

As I conscientiously believe that the employment 
of untrained men to try grave criminal charges is a 
great and serious evil, I wish to show my entire ab- 
sence of prejudice by quoting the admission from all 
quarters of the bar of the agreeable manner in which 
they have hitherto presided, but this is only what 
would be expected of highly-educated, kindly gentle- 
men. And I am by no means sure that a barrister 
likes a judge the less because now and then he lets 
him get a verdict that he has no right to expect. 

I have often thought over the subject of an appeal 
in criminal cases before it was forced so prominently 
forward as it now is by the appointment of barristers 
to the bench who have no experience in this class of 
work, and I believe no one doubts for a moment the 
principle, but, as I am aware, great and serious diffi- 
culties surround the subject, and it threatens an in- 
quiry into the whole system of criminal procedure : 
and although I have neither the pretension nor ability 
to be a law reformer, my experience may enable me 
to give some hints not altogether useless to those 
who may be called upon elsewhere to deal with this 
subject. 

Let me lay down some axioms which I believe are 
sound. 

Harshness and over-severity affect seriously the ad- 



456 CRIMINAL CODE 

ministration of justice, by rendering juries unwilling 
to convict, and acquittals obtained through weakness 
encourage the criminal classes in the pursuit of their 
career. 

In grave crimes, such as murder, a failure on one 
side or the other through want of experience on the 
part of the judge is always damaging, and may pro- 
duce fatal consequences. 

A commission composed of very learned men has 
been engaged lately in preparing suggestions for a 
code of the criminal law ; and, no doubt, if such a 
production could be accomplished, it might materially 
facilitate the administration of justice throughout its 
different channels. I am doubtful, however, notwith- 
standing the energy and labor of Sir James Fitzjames 
Stephen and his associates, whether we shall ever see 
it accomplished. But I think that at very little ex- 
pense or trouble much simplicity might be introduced 
where it is greatly wanted, and that in many instances 
tolerably accurate definitions might be secured. I 
think also that many offenses clearly defined might be 
accurately classified, and that each person before his 
trial might with advantage be supplied with a state- 
ment of his offense in intelligible, everyday terms. I 
do not think any real, substantial good can be effected 
without the creation of more judges, and it has oc- 
curred to me that this might really be made the means 
of saving instead of creating expense, and at the same 
time effecting the much-desired object of a court of 
appeal. I think that members of the new body should ' 
sit throughout the year, as the police magistrates do, 
a quorum of them to hear appeals, and the others re- 



COURT OF APPEAL. 457 

lieving the different gaols. I should give the right of 
appeal in all cases, subject to certain limitations de- 
termined by the punishment inflicted — at all events, 
to begin with. 

The court of appeal ought to have the power of 
both diminishing and increasing the punishments in- 
flicted by the judges of first instance. It would not 
be called upon to rehear the cases, but decide as is 
done at present by the tribunals who hear motions for 
new trials in civil suits, members of the Criminal Ap- 
peal Court being embodied with the High Court of 
Justice, and receiving aid from their brother judges. 
In the above sketch of a plan that has long occurred 
to my mind as being a basis to go upon, and in any 
endeavor to amend the present state of things, I should 
not, of course, interfere with the privilege of the 
Crown to remit sentences, but should give it the as- 
sistance now so fatally wanting in coming to a con- 
clusion upon substantial grounds. 

The facilities and cheapness with which the me- 
tropolis can now be reached induce me to think that 
the ambit of the Central Court might be extended 
with advantage to further distances, and that a court 
upon similar principles might be established in the 
larger towns. There would be no objection to the 
aldermen still pursuing the duties that they now so 
innocently perform, but elective judges ought sum- 
marily to/be abolished. 

I wish also that our legislators would give their at- 
tention to the question whether a system of trans- 
portation could not be established. I am confident, 
as I have said already, that it is the most preventive 



458 CONVICT PRISONS. 

punishment (unless death is excepted) that has been 
inflicted in modern times, and I look upon convict pris- 
ons and the system pursued in them with great mis- 
givings. The inmates appear to me to have a sodden 
appearance, and there is a painful similarity in their 
faces to those whom a visitor will see grouped in lu- 
natic asylums. I believe that with no small propor- 
tion of the criminal class the hope of their being re- 
formed is utterly contradicted by experience, and yet 
the idea of imprisonment for life is repugnant to our 
feelings, and in many instances would be unjust. How 
can society be benefited by the convict of some four or 
five years being handed back to his old associates u ? 
Even if he have the desire to reform, he has over- 
whelming temptation to follow his old courses. 

Society, too, gives him no aid in an honest endeav- 
or. Where is the householder who will, knowingly, 
take the released felon into his establishment ? And, 
therefore, if he succeed in obtaining any employment, 
he must do so by concealment, really amounting to a 
fraud upon the employer — a bad beginning for an 
honest service. And there are the eyes of two sec- 
tions of mankind constantly upon him — his former ac- 
complices, and his more recent but not less dangerous 
acquaintances, the police. 



CHAPTER XLV. 

THE TEIAL OF THE GAEKWAR OF BARODA. 

T T ^HEN first I determined to present such mem- 
* * ories as I thought might interest or amuse the 
public, it occurred to me that my professional voyage 
to India would naturally be considered one of the most 
important incidents in my career, and not an unfitting 
one with which to conclude its records. 

The events that had preceded it were of an unu- 
sual, and, it might be said, an almost romantic charac- 
ter. It was alleged that a great crime had been com- 
mitted by a monarch of an important territory against 
the representative of the British Government accred- 
ited to himself. 

It was considered of so weighty a character that 
the Governor-General determined that it should be 
investigated in a form hitherto unknown, and without 
a precedent, and bringing to bear to the inquiry the 
most solemn and weighty elements that it was possi- 
ble to employ; and upon the application of the ac- 
cused potentate, every facility was afforded to him of 
obtaining such assistance as his advisers deemed would 
be desirable for his protection and defense ; and there 
being some difficulty in securing the services of one 

459 



460 MY RETAINER. 

very eminent member of the Calcutta bar, it was de- 
termined to retain counsel from England ; and ac- 
cordingly Mr. Hawkins, Mr. Henry Matthews and my- 
self were applied to, and I accepted the retainer, it 
being the first that was ever received by a member of 
this bar to appear as advocate upon any trial in India. 

But although I have for some time contemplated 
giving an account of the circumstances that occurred, 
now that I am sitting down to the task I am sensible 
that it is surrounded with many difficulties. I not 
only do not feel myself competent to deal with the 
political aspect of the affair, but should be extremely 
unwilling to do so. My position, and I strictly main- 
tained it during the trial that took place, was to deal 
solely with the facts, with a view of proving that they 
did not support the allegations against the accused 
Prince ; but in the retrospect I am about to take of 
them it will be impossible to avoid some comment 
that trenches upon the proceedings of the Executive, 
and I hope that I shall not exceed my fair privilege 
if I endeavor in doing so to ameliorate the present 
condition of my late client. If anything that I could 
write could interfere with the new state of things es- 
tablished in the country, I should not feel justified in 
writing them. But years have now passed. A dy- 
nasty has been changed, and I have neither desire 
nor right to attack a policy established upon the re- 
sponsibility of the rulers of the country. 

Onceupon a time a voyage to India was an event, and 
a story might have been woven out of it. How amus- 
ing are many of the characters and scenes in Captain 
Marryat's novels ! Some of my readers also may re- 



THE OVERLAND ROUTE. 461 

member by the sides of the river Thames the great 
hulls of splendid ships mouldering away. These were 
the old East Indiamen. When the trade was thrown 
open, smaller and quicker vessels carried away the 
traffic, and then the whisper went forth of reaching 
India by an overland route, and even when that was 
accomplished something was still left for an imagin- 
ative traveler to record — the bumping over the desert 
upon the unaccustomed camel, and if wild Arabs were 
not met with, they might still be pictured ; but now 
there is a prosaic railway that takes the traveler from 
Alexandria to Suez, where he is met by the splendid 
steamships of the Peninsular and Oriental Company, 
and transported, rarely with any accident, to lands not 
so very long ago undreamed of, except by a compara- 
tively few travelers. There has been a misadventure 
in modern times, which made the subject of one of 
Tom Taylor's most popular and amusing plays. An 
officer on board the "Australia," the vessel by which 
I went from Suez to Bombay, was one of the crew on 
board a P. and 0. ship that was wrecked upon a rock 
in the Red Sea during its return voyage. My inform- 
ant told me that the incidents that occurred were re- 
lated with considerable accuracy by the dramatist. 
The play came out at the Haymarket Theatre. Buck- 
stone and Compton were amongst the performers, and 
I think pretty Mrs. Fitzwilliam. I heard from my in- 
formant the name of the English officer who was stop- 
ped making off with a bottle of bitter beer. He was 
well known in the army as a soldier of distinction and 
gallantry, and his succumbing to the illicit charms of 
a bottle of Allsopp's ale created universal astonish- 



462 SIR RICHARD QARTH. 

ment amongst his comrades. I ought to have men- 
tioned that as it was doubtful how long the passengers 
and crew might be kept in their unpleasant position, 
the provisions were placed under a guard. The refer- 
ence I have made to the marine service enables me to 
mention a dear old friend of mine who had command- 
ed one of the former East Indiamen — Captain Mack- 
eson. Whilst the vessel was in (I believe) the Chi- 
nese seas an insane sailor inflicted a severe wound up- 
on his head, which invalided him, and he was obliged 
to retire from the service upon a pension. He locat- 
ed himself upon that very pretty spot, the Terrace, at 
Hythe, in Kent, and at his hospitable house I spent 
more pleasant hours than I can remember at many 
other places. A son of his was at the Chancery bar, and 
a cousin, whose agreeable society reminds me of my old 
friend, is a member of the bench of the Inner Temple. 

When in olden times a barrister embraced the op- 
portunity of going as a judge to India, he was prepared 
to be expatriated for ten years at least. Now he can 
spend his long vacation in his native country. It was 
not long after Sir Richard Garth had gone to India as 
Chief Justice that I saw his genial countenance while 
he was getting into a hansom at Charing Cross, look- 
ing just as jolly as it was wont to do when mixing in 
the circuit convivialities, of which he may perchance 
remember one occasion at the Salisbury Arms, at 
Hertford ! 

I had not been over well for some time before I 
accepted the retainer to defend His Highness Mulhar 
Rao, the Gaekwar of Baroda ; but after obtaining some 
excellent instructions and advice from my old friend 



VOYAGE TO ALEXANDRIA. 453 

and medical adviser, Oscar Clayton, which I supple- 
mented with a favorite prescription of my own, I 
started on a certain day in January, 1875, en route for 
India. I gave myself time to enjoy a dinner at Paris, 
and made my way onwards over the Mont Cenis pass 
to Bologna, where I stayed for the night (and a very 
interesting old town it is), and then proceeded to 
Brindisi. 

As the train approached the shores of the Adriatic 
it was by no means pleasant to hear the howling of 
the wind and the dashing of the waves. We reached 
Brindisi before it was light in the morning, and the 
locality was certainly the reverse of inviting. The 
passengers were turned out amidst rain and mud, and 
found very wretched accommodations. It was diffi- 
cult to get information as to when the vessel that was 
to convey us to Alexandria would start, or indeed, 
where it was. The light, when it arrived, did not 
add to our satisfaction with the prospect. However, 
at last I found the ship, which was not likely to start 
for some time ; but when, was very difficult to find out. 

There was a rough sea and drizzling rain. I heard 
that there had been some unexpected change, either 
in the captain or some of the arrangements, which 
had caused delay ; but at last we started, and on the 
evening of the third day arrived off Alexandria. The 
harbor of this port is very dangerous, and the pilot 
would not take us in until daylight, and so we re- 
mained rolling upon a nasty sea until morning, when 
we reached our destination ; and here again we had 
to wait a considerable time, no one seeming to know 
when the train for Suez would start. I saw nothing 



464 CAPTAIN MURRA T. 

of interest, and, not knowing what time there was to 
spare, made no endeavor to do so. Towards midday 
our journey began, and we arrived at Suez in the 
evening, when we ought to have embarked on board 
the "Australia," which had sailed from Southampton, 
but had got stuck in the Canal on its way. We were 
not inconvenienced by this, as we were received with 
great kindness for the night on board a very fine vessel 
belonging to the company — I believe the "Pekin" — 
and on the following morning the "Australia" made 
its appearance. This vessel was at that time, and 
may be now, one of the finest of the company's fleet, 
and was commanded by a gentleman, the son, I be- 
lieve, of a Presbyterian minister. 

His name was Murray. He gave me the impres- 
sion of being a first-rate seaman, and was certainly 
possessed of great intelligence and information. I re- 
ceived from him much courtesy, and greatly enjoyed 
his society. He had very rigid and scriptural ideas, 
accepting literally the contents of the Old Testament; 
and had made it a labor of love to verify localities 
which he supposed to be described in connection 
with the Red Sea. His views as to the point selected 
by the Israelites, for crossing were very firmly fixed, 
and his reasons, which I will not pretend to transcribe, 
given with earnest faith. 

There were no adventures upon the voyage. The 
weather was lovely and the passengers pleasant. There 
were two very pretty brides, very much engrossed 
with their husbands, one married to an officer, the son 
of a medical man whom I knew in London, the other 
to a wealthy planter or merchant in some remote part 
of India. 



CURIOUS PHENOMENON. 465 

A cynical old major, who had been the voyage back- 
wards and forwards many times, said that the fair 
brides were much more general in the distribution of 
their agreeable qualities upon the return passage. 
There was a colonel going out to conclude his period 
of service. He was accompanied by his wife, who 
had passed many years in the best Indian society. I 
cannot remember their names. I wish I could, if only 
to identify them with the pleasure I enjoyed in their 
society. There was an elderly maiden ; but her com- 
panion was an ill-tempered cur of a dog, whom she in- 
sisted, against all the rules, in taking to her berth, 
where it indulged in the most dismal howling. One 
morning signs of lamentation and woe, not canine, 
but female, proceeded from where she slept. Her 
companion had disappeared and was never heard of 
again. And there were grins upon a mischievous- 
looking face, the owner of which had complained bit- 
terly of his rest having been disturbed by the afore- 
said animal. Some flying fish we saw, but not many, 
and I do not remember their having been caught. 

For two nights the constellation of the Southern 
Cross was visible. The name has somehow created 
an idea that it is more beautiful than it really is. Still 
it is something to have seen. One night I was with 
the captain upon deck, and witnessed what to me cer- 
tainly was a phenomenon, and I think that my com- 
panion told me that he had never witnessed it before. 
Although there was a slight motion on the vessel, the 
entire ocean presented an appearence that I can only 
liken to an immense bowl of cream with invisible sides. 

There did not appear to the eye the slightest move- 
30 



466 RECEPTION AT B OMB A 7. 

merit. The appearance lasted for many hours. We 
had some of the water drawn up, and it appeared to 
be of pure sea-green hue. Captain Murray could not 
in any way account for it. I may be writing of some- 
thing that others more conversant than myself with 
voyages may have seen and can explain ; but I can- 
not spare recounting one of the few incidents of my 
only passage up the Red Sea. We had one visitor — 
a quail. Where it came from, Heaven knows ; but 
the pretty creature met with a kindly welcome. I 
cannot say what became of it, but when we arrived 
at Aden it was offered its liberty, which, however, it 
was wise enough to decline, in view of a number of 
kites that were gathered around the vessel. We were 
persecuted to buy ostrich feathers at a higher price 
than we should have got them for in Regent Street ; 
and the scene that most of us have witnessed from the 
windows of the " Trafalgar Tavern," at Greenwich, 
was not badly imitated by a parcel of young blacka 
moors sporting around the vessel. Aden is a wretcheo 
hole We landed and were received kindly enough 
by the English Resident, but there was nothing to 
eat, drink, or see. We soon proceeded onwards. The 
weather still, continued fine, and, after a quick and 
pleasant voyage, we came to an anchor off Apollo Pier, 
the harbor of Bombay, where I was met by the Gaek- 
war's solicitors, Messrs. Jefferson and Payne, and af- 
ter a really regretful parting from many of my fellow- 
passengers, and my friend Captain Murray especially, 
and being interviewed by a very kind and compliment- 
ary member of the press, was taken off to the pretty 
residence of Mr. Jefferson, who received me as his 



APPEARANCE OF THE CITY. 457 

guest during the time I remained in Bombay, and 
from whom and his family I met with much kindness 
and hospitality. 

The house occupied by my kind host is in the por- 
tion of the city inhabited by all the principal people of 
Bombay, and, I imagine, the only portion habitable 
with any comfort. It is a declivity sloping down to 
the harbor, called Malabar Hill. The residences are 
built with great taste, and the spot is very beautifully 
planted. The villas themselves have gardens of greater 
or less extent, filled with beautiful shrubs. 

The city itself, as I then saw it for the first time, 
presented, with this exception, nothing to charm the 
eye. The appearance that it impressed upon me was 
as if it had lately been in the hands of some bankrupt 
builder. There were no hotels of any pretension, or, 
as far as I could learn, of reputation. There was a 
very handsome club, called the Bycullah, of which I 
was made an honorary member, excellently conducted ; 
some fine shops, most of the articles coming from Eng- 
land, and very expensive. 

A feature which did not present much attraction to 
me was the Parsee cemetery, about a mile from the 
town. This was a very large building, surrounded 
by high walls, over which passers-by were not able 
to see. This sect do not bury their dead, but lay them 
naked upon benches which are attached to the walls 
inside. Certain ceremonies are performed, and the 
bodies are left for the consumption of the birds of 
prey, of which there are a multitude about the city. 
There is not a great variety of food for human beings ; 
and, although upon the sea, the varieties of fish are 



468 CHISHOLM ANSTEY. 

very few, the only good one being a flat fish, some- 
what larger but not unlike our flounder. I forget its 
name. There are also prawns, and I have a grateful 
recollection of a dish of them curried, at a dinner 
given me by one of my confreres at the club. 

Popular barristers made considerable incomes, but 
the expenses of living are very large ; and it is im- 
possible to practice without the possession of a car- 
riage, and numerous servants also appear to be indis- 
pensable. 

To me the air was detestable ; and, although there 
undoubtedly is a sea breeze, it is relaxing and de- 
pressing. I cannot imagine a European having energy 
in such a climate for hard work, but constitutions vary 
and some get on very well. I dined, upon the two 
visits, before and after I had been to Baroda, with the 
Chief Justice Westropp and also with Mr. Justice 
Bay ley, meeting with very elegant entertainments at 
both houses. 

Shortly before my arrival a somewhat eccentric 
member of the bar, whom I had known well in Lon- 
don, had died — Mr. Chisholm Anstey. He had been 
in Parliament, where he was so indefatigable in wor- 
rying everybody that the Government made him At- 
torney-General at Hong Kong, and he celebrated the 
night before that fixed for his departure by breaking 
the heads of a couple of policemen, and thus nearly 
lost his appointment. I was instrumental in settling 
the matter for him. At Hong Kong he continued to 
commit such vagaries that he was recalled ; before 
being so, there had been two unsuccessful attempts 
to poison him. He then settled down, as far as he 



ANSTETS ECCENTRICITY. 469 

could settle, as counsel at Bombay, where he became 
very popular with the natives, whose interests he ad- 
vocated with great zeal, energy, and ability, and was 
a considerable thorn in the sides of the constituted 
authorities. 

In my chapter upon Evans's, I ought to have men- 
tioned him. He used, after having been heard of 
playing some prank at the antipodes, to walk as calmly 
into that resort as if he had never left the Temple. 
He was really a genius, but was lucky not to have 
ever been rich enough to invite the attention of certain 
proprietors of lunatic asylums. 



CHAPTER XLVI. 

TRIAL OF THE GAEKWAR. 

A FTER having been treated during my brief stay 
■^^ at Bombay with the greatest kindness by every 
one — but certainly having come to the conclusion that, 
charming as is the society, the city itself does not 
furnish many attractions — I started a day or two be- 
fore February 23d for the scene of my professional 
performance. Until I learned that I was fated to de- 
fend the monarch of Baroda, I must confess that I had 
never heard of such a place, and the title of Graekwar — 
or Gruicowar — had never reached my ears. I learned 
what I could about it, and although by no means 
anxious to do anything in the handbook line, I must, 
to make my story intelligible, borrow some statistical 
information upon the subject, which I do from a book 
published, I believe, by the authority of the Grovern- 
ment of India, and which, containing as it does the 
official account of all the proceedings, including the 
trial of His Majesty, I shall use throughout as my au- 
thority, except when I name any other. Baroda, then, 
as I learned, was the largest independent State in 
Western India, and contains a very extensive popula- 
tion. The original meaning of Gaekwar was "cow- 
470 



THE QAEKWARS PREDECESSOR. 471 

Herd," of which the possessors are proud, and theii 
dominion isoverGuzerat and other provinces, of which 
Baroda is the capital. The history of more than a 
century and a half of this country and its rulers con- 
tains the ordinary amount of crimes, insurrections, 
treasons, and intrigues which is usually to be found 
amongst Indian nations ; but I shall leap over them 
all, and I do not recommend my English readers, if 
they have anything else to do, to add to their infor- 
mation upon these subjects. I must introduce them, 
however, to the potentate who preceded my client 
upon the throne. 

This was Rhandi Rao, who died suddenly — not un- 
frequently the case in the family, and whoever profited 
by the death being always suspected of causing it ; 
my client accordingly, without the slightest shadow 
of proof, had to accept the common suspicion. When, 
however, Rhandi died, his youngest wife was enceinte. 
Her name was Jummabee, and if this young lady 
bore a boy the throne would pass to him. She, how- 
ever, lost the chance of being Queen Mother by be- 
coming the mother of a girl. My client, Mulhar Rao, 
thus became monarch. 

He was passing his time in prison when called to 
the throne, which does not appear to have been un- 
common with this pastoral dynasty. Before I give an 
account of the trial, I shall give a short sketch of pro- 
ceedings that had preceded it, and which will be re- 
quired for the purpose of its comprehension, but I 
think that I have said all that is necessary before 
commencing my journey from Bombay. 

Early in the morning the train started from the 



472 HYMN PRESENTED. 

outskirts. The distance we had to travel was 250 
miles in a northern direction. The railway seemed 
well constructed, the carriages comfortable, and the 
pace tolerably good, although not rapid. I need not 
mention the different towns at which we stopped ; 
but it was known that I was in the train, and I can- 
not doubt that the Graekwar was popular amongst the 
native population from the reception that I met with, 
which then, at all events, could only be attributable 
to that cause. As we approached his territory, lunch, 
called by some name that gave it importance, was 
prepared,; and I had roses showered upon me and ad- 
dresses presented to me by men whom I was given 
to understand were of high class and position. I am 
by no means insensible to compliments, but I felt a 
good deal embarrassed by so unusual a display ; and 
I could not help recalling one occasion, the only one, 
that I went to the Lord Mayor's feast in my scarlet 
robes, and was received from Chancery Lane to the 
Guildhall by the population of that extensive thor- 
oughfare with immense delight and applause, under 
the mistake that I was an alderman. Upon the oc- 
casion I am now relating, a hymn had been com- 
posed in my honor, which was recited. I have since 
received a translation of it, 1 and am afraid that, as upon 
the civic occasion, an imaginary idea possessed my ad- 
mirers. As the train approached its destination the 
welcome became still more demonstrative, and I was 
not sorry, upon the arrival at the station, to get off to 
the residence that had been prepared for my recep 
tion, two or three miles off. This was not palatial 

i Vide Appendix. 



HEAT.— MONKEYS. AJ% 

It was a bungalow, and situated upon an extensive 
plain, where all the Europeans resided. There was 
an English regiment whose barracks were also there, 
and the Government residence, then occupied by Sir 
Lewis Pelly,, and under his surveillance the unhappy 
object of all this commotion. Other bungalows were 
occupied by English officers and their wives, some of 
them young English girls of position when in the 
home country, and who were subjected to inconven- 
iences which none of them could have anticipated, 
but which they bore with no outward signs of discon- 
tent. 

Mrs. Scobell, the wife of the Advocate-General of 
Bombay, and who was counsel for the Crown, had 
come down by the same train that had brought me. 
I was much gratified in being introduced to her, and 
by my subsequent very pleasant acquaintance. Her 
husband had been on the same circuit as myself, and 
it is not necessary to say, both in his reception and in 
our subsequent encounter in court, was most thor- 
oughly courteous and obliging. When we arrived 
there was some appearance of grass upon the plain, 
but after a week it had disappeared, and the sun took 
uncontrolled possession of the place. It was only in 
the very early morning and the late evening that it 
was possible to be exposed without covering. 

There was a garden with shrubs and flowers, in 
which, in these early mornings, might be enjoyed a 
pleasant stroll, but the neighborhood furnished but 
few attractions, and beyond what was called the com- 
pound there were no roads. I was very kindly sup- 
plied with an open trap and a pair of Arab ponies, not 



474 PARROTS.— COBRAS. 

very amenable to discipline, with which I used to 
drive about the outskirts and into the town, which I 
Mall presently describe. I think the sight that struck 
me as most strange was a solemn-looking conclave of 
monkeys, seated under a large tree, whilst others were 
reposing upon the branches, and some ten or a doz- 
en natives at a short distance apparently worshiping 
them. I was told that a person's life would not be 
safe if he injured one of these 'animals. 

Flocks of green parrots filled the air close up to 
the residences, unhurt and unfearing, and even the 
kites, of which there were many swooping over the 
plains, were as tame as barn-door fowls. It is a great 
comfort for the lower class of animals that the natives 
suppose that their bodies are occupied by the souls 
that have departed from the bodies of human beings, 
and the most insignificant and objectionable animals 
are alike protected by this supposition. On some 
nights a continuous and almost unearthly howl is heard 
at a distance. It comes either from wolves or hyenas, 
I forget which I was told. A rustling is occasionally, 
heard in a hedge, and you are informed that you have 
been a few inches distant from the deadly cobra ; and 
it is not desirable to walk after dark far from your 
bungalow, unless accompanied by servants bearing 
lights. Mrs. Scobell told me that one of these rep- 
tiles was coiled up one evening upon her dressing- 
table. The Hindoo servant appointed to attend upon 
my wants particularly cautioned me to look into my 
bath before I used it, as "De snake was very fond of 
de cool place," and I need not say that I did not neg- 
lect the information. 



APPEARANCE OF BARODA. 475 

Having given, I fear, but an imperfect sketch of the 
appearance of the country, a country full of novelty to 
one visiting it for the first time, I will endeavor to give 
an idea of its capital, and this really would be worthy 
of a far abler pen than I possess. When for the first 
time I approached it, my thoughts were carried back 
to Eastern story, and I could picture to myself the 
Caliph Haroun and his faithful Vizier seeking for ad- 
ventures amongst the strange forms to be seen travers- 
ing the narrow streets. It was evident that they were 
composed of many races, and difficult to imagine that 
they belonged to our own time. Of women, except of 
the lowest class, none were to be seen, and these were 
wrapped up as if they were treasures of untold price, 
although they might not often change their garments. 
The men seemed generally of diminutive stature, and 
engaged in different works of labor. Some, however, 
there were tall and handsome, with olive complexions. 
And these were generally carrying heavy articles up- 
on their heads, supported by their two arms, a post- 
ure which displayed their fine sinewy forms to great 
advantage. 

Heaviness seemed to weigh over the city, and al- 
though it was densely crowded, there was an utter ab- 
sence of all joyousness. I never saw a smile upon a coun- 
tenance or heard a sound of gayety. The men we met 
scowled at us, and certainly the impression made up- 
on me was that the Europeans were most thoroughly 
hated. There were occasional cavalcades of persons 
of superior rank on horseback, and native soldiers 
were numerous throughout the town ; amongst others, 
a regiment dressed in a costume similar to that of our 



476 CHEETAH.— CAMELS.— ELEPHA NTS. 

Highland regiments, and having certainly a pictur- 
esque appearance, though it was strange to our eyes 
to witness their swarthy faces and slight, lithesome 
figures clad in such a garb. 

There was no display of merchandise in the shops, 
and the external features of all the buildings, whilst 
quaint and apparently governed by no fixed principle 
of architecture, had the common attribute of neglect 
and dirt. There were palaces that offered no excep 
tion to this state ; and at the entrance of the town an 
old gateway and dismantled tower, whilst it gave pict 
uresqueness to the appearance, added to the gloom. 
It was around another gateway about the centre that 
I saw the Highland regiment grouped, lounging idly, 
and showing little appearance of discipline. I was 
struck by seeing a species of leopard called a cheetah 
led through the street fastened by a chain. These 
are used for hunting deer, but the sport is cruel and 
without excitement, the unfortunate victim never re- 
ally reaching its full speed before its enemy is upon 
its haunches. In the streets there are some fine trees, 
called, if I remember correctly, pupull trees, but they 
add to, rather than diminish, its sombre character. 
Amongst the quadrupeds that occupy the streets no 
small proportion are camels and elephants, and upon 
one occasion when I was driving my ponies through 
the town, I found myself most unpleasantly obstruct- 
ed by the back of a camel, whilst at no great distance 
from my head was the trunk of an elephant ; but, re- 
ally, whatever may be the case of the population, the 
quadrupeds are extremely well-behaved. I was in- 
troduced to a den of wild animals, amongst which 



TIGERS. 477 

were several large tigers fastened to staples in the 
walls, and not leaving very much space for visitors to 
walk. I confess that I eyed the chains with consid- 
erable interest, to use no more forcible expression. 
The keepers seemed upon perfectly good terms with 
them, but I was more astonished at finding one of 
these animals in a yard open to the street, fastened in 
the same way in a corner of it. Those who expected 
rich stuffs or jewelry to be displayed, or gorgeous and 
tempting shops of any kind, would have been sadly 
disappointed ; there was nothing of the kind ; dirt ev- 
erywhere was what struck the visitor most. I had 
the honor of being introduced to Her Majesty, one of 
of the wives of the Graekwar, through a thick trellis 
work. She was most gracious, but I have no distinct 
recollection of her conversation. The palace where 
this distinction was conferred upon me was as grimy as 
all the other places to which I had been introduced. 

There may be some Eastern word meaning com- 
fort, certainly there was no Eastern habit that I saw 
representing it. I cannot flatter myself that I have 
conveyed any very accurate idea of this scene of a city 
that has been the arena of many a memorable perform- 
ance during many centuries. It is, however, the best 
that I am able to pen. There was really nothing to 
excite admiration, either in the buildings or the de- 
meanor of the people. All life, in which amusements 
or pleasure could form a part, seemed to be smoth- 
ered. Nevertheless, the passage through it left upon 
my mind the impression of something stranger than 
had ever before been presented to my senses. 

I was not at all sorry to get back to my bungalow. 



478 SIR LEWIS PELLY. 

Mrs. Branson, the wife of one of my brother counsel, 
acted the good Samaritan, and by her knowledge, ac- 
tivity, and good-nature not only afforded us pleasant 
society, but managed the establishment so as to make 
oar lot extremely comfortable. 

Every morning a present was brought to us from 
Her Majesty, consisting of fish and fruit, accompa- 
nied by many polite messages, and these viands were, 
no doubt, the best that could be procured, but were 
not at all remarkable. 

Amongst the personages who took no actual part in 
the trial, but who added greatly to the comfort and 
amusement that I derived from my visit to Baroda 
was Sir Lewis Pelly, whose distinguished and long 
service in the Government of India is too well known 
to make any description of its details necessary. The 
tact with which he effected the capture of the Gaek- 
war,. and his good taste and courtesy, as far as it was 
possible to extend it towards his captive, was admired 
by every one ; and during the painful ordeal that the 
unfortunate monarch had to undergo, when practically 
under the surveillance of Sir Lewis and living with 
him at the Residence, nothing could exceed his cap- 
tor's kindly behavior, and I know that the Gaekwar 
fully appreciated it. To the counsel engaged Sir 
Lewis Pelly extended much hospitality, and we had 
very agreeable gatherings at his table during the prog- 
ress of the trial. 

What he thought or what he knew were not for 
public ears. Whether the view he took of His High- 
ness was favorable or the reverse no one from his man- 
ner could tell ; but I entertain a very strong opinion 



TAME PARTRIDGE. 479 

that if early in the transactions he had been entrusted 
with the management of the affairs of Baroda, I should 
never have had the honor of defending an Eastern po- 
tentate upon the charge of attempting to poison a Brit- 
ish representative. 

It is very ungrateful of me not to remember the 
names of the officers, or the designation of the Eng- 
lish regiment, whose rooms were opened to us, and 
from whom we received such frequent and kindly 
welcomes. It was, however, a regiment to which my 
brother was attached during his lifetime, and I heard 
a great deal about him. He seemed to have been a 
particular favorite. 

It did not appear to me that there existed any in- 
tercourse between our countrymen and the inhabit- 
ants. The Residence and the barracks rendered our 
stay more than endurable, and I for one have a most 
grateful recollection of the courtesies received at both. 

One trifling incident afforded me amusement dur- 
ing my early morning walks. This was the docility of 
a partridge, which followed a man about the fields like 
a dog. I was told that this is not an uncommon mode 
of training these birds. I used to look forward to 
witnessing its performance, and its possessor seemed 
gratified at a very moderate present. 



CHAPTER XL VII. 

THE MEETING OF COMMISSIONERS. 

T T is superfluous to mention that shortly after day- 
break on the morning of February 25, 1875, Ba- 
roda was in a blaze of sunshine, for such was the case 
every day during my sojourn. No rain, no dew. The 
grass, a few blades of which did meet my eyes two 
days before, was burned out of sight, and the heat 
threatened a sunstroke to those who were exposed to 
it for a moment. 

Yet on this particular morning everything was. as 
much alive as it could be. The monarch of a country 
embracing 4,400 square miles, and containing a pop- 
ulation of 5,000 persons to each mile, was about to 
be put upon his trial for the attempted murder of an 
English officer, holding the post of British Resident, 
and great potentates had consented to assist in the 
solemn duty, whilst the Chief Justice of India had 
been deputed to conduct the inquiry after European 
fashion, with the assistance of a military and civil of- 
ficer, each most distinguished in their relative posi- 
tions. A guard of infantry and a troop of lancers did 
no more honor than is due to Maharajah Scindia, the 
great Mahratta potentate, tried and trusted friend of 
480 



MAHARAJAH SCINDIA. 481 

England. His appearance was such as to command 
respect in any country, and I cannot deny myself the 
pleasure of copying a few words of description taken 
from an. admirably conducted paper — the " Times of 
India" — of what it presented on this eventful day: 
"Burly and princely, an Oriental Harry the Eighth in 
outward semblance" The writer might have added, 
" before the English monarch had impressed upon his 
features the marks of gross self-indulgence, selfish- 
ness and cruelty." For Scindia's is a countenance 
noble and pleasant to look upon. Sir Dunker Eao, 
a Hindoo possessing great weight with his fellow- 
countrymen, and esteemed a very able administrator, 
was another of the judges, and the third native one 
was the Maharajah of Jeypore, highly esteemed by 
the English Government. 

Sir Richard Couch, Sir Richard John Meade, and 
Mr. Philip Sandys Melvil constituted the English ele- 
ment. 

No one can doubt that Lord Northbrook, in the se- 
lection of such a tribunal, could have had no other 
object than to elicit the truth. Naturally Sir Richard 
Couch conducted the proceedings, and although I 
cannot agree with the result that he arrived at, it is 
impossible that any inquiry could have been managed 
with more fairness and impartiality. No impediment 
of any kind was presented to the defense, and certain- 
ly the earnest attention paid by every member of the 
court showed their full appreciation of the importance 
of their position. 

The Honorable Andrew R. Scobell, Advocate-Gen- 
eral at Bombay, and Mr. Inverarity appeared for the 
31 



482 PICTURE OF THE OAEKWAR. 

prosecution. With me were Mr. Branson, Mr. Pur- 
cell, Shantaram Narayan, and Wassudeo Juggonault. 
For myself, I cannot forbear saying that my reception 
was most cordial and kind, both from the bench and 
my brethren at the bar. 

The accused Maharajah sat upon the bench, Colo- 
nel Sir Lewis Pelly sitting beside him. I have be- 
fore me, whilst writing these lines, a singularly life- 
like picture of His Highness, presented to me by him- 
self after the trial, with many kind messages, and I 
do not think his face was unprepossessing. His dress 
was in singularly good taste ; his demeanor quiet and 
dignified. 

In conveying my opinion upon the result and the 
evidence it was founded upon, I am quite aware that 
the habits of life and the customs of the country pre- 
sented very different features from what I had been 
accustomed to deal with ; but I find, in the judgment 
of the native members of the Court, that my views 
are in many respects adopted by men who may be 
fairly assumed to know their countrymen and their 
habits thoroughly ; and it also is observable that my 
conclusions are drawn from incidents, many not con- 
troverted, and. from the conduct and testimony of the 
accuser himself, which does not seem to me to have 
met the attention it deserved from the English mem- 
bers of the Commission, and, consequently, not from 
the Government of India, who adopted their views. 

At the time that the inquiry took place, Mulhar 
Rao had only been upon the throne for five years 
During the two first, Colonel Barr, and after him Colo 
nel Shortt, had filled the place of British Resident, 



COLONEL PHAYRE. 483 

and they seem to have behaved with prudence. In 
March, 1873, Colonel Phayre was appointed. 

He was fussy, meddlesome, and thoroughly injudi- 
cious. There were two adverse parties in the State, 
and instead of holding himself aloof from both, he 
threw himself violently into that opposed to the Gaek- 
war, and was greedy to listen to every accusation and 
complaint that with equal eagerness was gossiped into 
his ears. His annoyances and constant slights to 
the Gaekwar were such that a dispatch was sent by 
the latter to the Government, in temperate and judi- 
cious terms, praying for his removal ; and its date is 
most material — namely, November 2, 1874, seven days 
only before the alleged final attempt at poisoning, but 
almost if not quite contemporaneous with the alleged 
tampering with servants. 

The tone of his dispatch may be judged of by the 
following sentence : " I beg it to be understood that I 
do not impute other than conscientious motives to Colo- 
nel Phayre" 

Colonel Phayre had been asked to resign by the 
Governor of Bombay, which he had declined doing, 
and towards the end of November was actually dis- 
missed by the Governor-General in terms the reverse 
of complimentary — indeed to the effect that he utterly 
misunderstood his duties ; J and it was not denied that 
the intention to remove him was probably known to 
the Gaekwar on November 9th, the very day of the al- 

1 The words used by Lord Northbrook to Colonel Phayre when dismissing 
him from his post were : " That he had thoroughly misunderstood the spir- 
it of the instructions both of the Government of India and the Government 
of Bombay, and that the duty of Resident could no longer be entrusted to 
him with any reasonable prospect of a satisfactory result." 



484 EVIDENCE OF COLONEL PEAYRE. 

leged attempt to poison ; and if not actually known, 
his own dispatch still remained unanswered. This state 
of affairs, which appeared to me nearly conclusive 
against his guilt, was scarcely adverted to by the Eng- 
lish Commissioners ; and it cannot be denied that it 
materially impairs the value of Colonel Phayre's evi- 
dence, whilst showing the absence of motive on the 
part of the Gaekwar. 

Independently of these facts, his mode of giving 
evidence was not satisfactory. It was not until rep- 
rimanded by the President that he admitted his con- 
duct in Scinde. He very unwillingly, and after long 
pressure, owned that he knew of the dispatch sent 
to the Government complaining of him and seek- 
ing his removal. He was obliged to admit receiving 
the suggestion from the Governor of Bombay that he 
should resign, and that this was probably known to the 
Gaekwar ; and that about November 13th he received 
a dispatch from the Central Government dismissing 
him in terms of censure for his bad management of 
the affairs of Baroda. 

The English Commissioners do not appear to have 
considered that these circumstances affected the reli- 
ance to be placed in his testimony, or tended to show 
an utter absence of motive for the crime attributed 
to the Gaekwar. 

The press in England almost universally demurred 
to his evidence as unsatisfactory. It is necessary that 
I should now give his own account of the important 
transaction on November 9th, prefacing it with his 
assertion that warning had been previously given to 
him that such an attempt to poison him was contem- 



TELEGRAM FROM COLONEL PHATRK 485 

plated. He said that upon coming home about half- 
past seven in the morning he found his usual tumbler 
of sherbet upon his wash-hand stand ; that he drank 
two or three sips, from which he derived unpleasant 
symptoms ; that he sat down to write for twenty min- 
utes, and feeling worse, and being satisfied that it arose 
from the sherbet, threw the contents out of the window 
that he might not be tempted to drink it, leaving a small 
brown sediment at the bottom. 

The next step taken by the Colonel presents us 
with pregnant evidence of his unfitness for one of the 
most delicate trusts that could be reposed in an official 
in India. In hot haste, and upon the very day when 
the alleged attempt took place, he telegraphed to the 
seat of Government in these words, written "in Hin- 
dostani," so that there should be no difficulty in every 
one through whose hands it passed understanding it : — 

From Colonel Phayre, C.B., Resident, Baroda, to the Private Secre- 
tary, Gunnesh Khind, Poonah. Bold attempt to poison me this day 
has been providentially frustrated. More by next post. 

It next appears that some of the debris amongst 
which the sherbet was thrown was scraped up by 
Colonel Phayre's order, and this, with the small re- 
siduum at the bottom of the tumbler, was analyzed 
by Dr. Seward and Dr. Grey, who stated that they 
had discovered poison ; which fact was communicated 
to the Colonel, who replied to Dr. Grey in the follow- 
ing most remarkable letter, dated November 13, 
1874. 

After acknowledging the receipt of Dr. Grey's let- 
ter, he proceeds : — 

With reference to the statement made in your letter, that the pow- 
der forwarded to you consisted partly of common white arsenic and 



486 EXTRA ORDINAR Y LETTER. 

partly of finely-powdered silicious matter, which, under the microscope, 
appeared to be rather powdered glass or quartz, being most likely the 
former, I should feel much obliged by your kindly informing me 
whether, in your opinion, the silicious matter referred to can possibly 
be powdered diamond. 

Previous to the receipt of your letter under reference, I had received 
secret and confidential communication that the poison administered to 
me did consist — 1. Common arsenic; 2. Finely powdered diamond dust ; 
3. Copper. 

The importance of verifying this communication is obvious. 

R. Phatee, 
Resident. 

When I call the attention of my readers to the policy 
pursued by the police towards some of the witnesses, 
and also to the fact that the greater part of the evi- 
dence was founded upon the supposition that dia- 
mond dust was purchased by the Gaekwar, it will be 
admitted that the terms of the above letter are very 
extraordinary. 

I naturally desired to know from whom Colonel 
Phayre received the secret and confidential commu- 
nication referred to in his letter. He steered clear 
of the question, and I could obtain no satisfactory re- 
ply without seeking and obtaining the assistance of 
the Commission. It seemed singular that he should 
forget the name of a person or persons whom he de- 
scribed in such terms, and whom he must have been 
in communication with within two or three days of 
the alleged attempt ; but it was only after a consid- 
erable time that at last the name of a certain Bowh- 
Poonaka was disclosed — notoriously the bitterest 
enemy of the Gaekwar, and the man who had been 
for years fostering charges against him. It is not 
within the compass of this book that I should dissect 
further the evidence given by Colonel Phayre ; but 



postscript. 487 

the remainder would certainly not create a favorable 
impression of his discretion. It is not, however, un- 
important in my view of the case to mention that 
Bowh-Poonaka had complete access to Colonel 
P hay re's dressing-room, and was proved to have been 
there upon the morning in question. 

POSTSCRIPT. 

In the above chapter I have not explained as I 
ought to have done the importance of the diamond- 
dust element. There is a general belief amongst the 
population of Baroda and the surrounding districts 
that diamond dust is a deadly poison, and in this be- 
lief Colonel Phayre participated. It would not be 
pleasant, no doubt, to have a quantity of any silicious 
substance in the human inside, but that the diamond 
contains poison is an ignorant delusion. It will be 
seen in a subsequent chapter that Dr. Grey was sub- 
sequently of opinion that the powder might be pow- 
dered diamond. 



CHAPTEK XLVIII. 

CONTINUANCE OF THE TRIAL. 

r I "HOSE of my readers who have been interested 
■ in the perusal of the foregoing pages will have 
understood from them that the scrapings from the spot 
where the bulk of the sherbet was thrown by Colonel 
Phayre, and a small residuum that remained at the 
bottom of the tumbler which contained it, were the 
subject of the analyses of Drs. Seward and Grey. 
There was, however, another parcel submitted to their 
scientific skill, and in which I can quite believe that 
they found arsenic. Raoji was a servant of Colonel 
Phayre, and one of the supposed poisoners. Upon 
November 9th his belt was taken from him and given 
to another servant named Budhar. Why is not ex- 
plained. On December 22d Raoji was arrested, and 
after having been in the hands of the police until the 
24th, after the usual custom, made a confession ; and, 
amongst other things, stated that he was in the habit 
of keeping the poisons entrusted to him in his belt. 
It then occurred to Akbar Ali, an intelligent detective, 
to examine the belt, and Budhar was sent for, and 
made his appearance. Akbar's sagacious eyes discov- 
ered a piece of thread and a packet of paper, which 
had never been seen by Budhar during the six iveeks he 
488 



HEMCHUND FUTEYCHUND. 439 

had worn the belt, but immediately presented arsenic 
to the imagination of Akbar. He, however, without 
satisfying himself, rushed into the next room, where 
Mr. Souter, a commissioner of police, happened to be, 
and brought him to the piece of thread and the paper 
parcel, and there, sure enough, was found the arsenic 
afterwards tested, and which was said to be precisely 
similar to the other portions referred to as having been 
previously found. 

Strange, however, that Akbar's remarkable presci- 
ence should be afterwards verified by Raoji, who, up 
to the discovery, had quite forgotten the circumstance 
that he had left it there. 1 

This incident is somewhat unfairly, although not, I 
am sure, intentionally so, described in the following 
terms in the report of the English Commissioners : 
" The second packet (the one in question) was found 
in Raoji's belt on December 25, 1874, in the pres- 
ence of the commissioner of police, Mr. Souter." 

Upon the twelfth day of the inquiry a scene was 
presented, upon a correct reading of which depends 
very much a true appreciation of the history of this 
case. 

A witness called Hemchund Futeychund was 
called, and, upon presenting himself, brought to my 
imagination what would probably have been the ap- 
pearance of a person who had come out of the cells 
of the Inquisition after the officers of that institution 
had pursued their usual inquiries. He appeared to 

1 It is, perhaps, fitting that I should mention that this last fact is much re- 
lied upon by English Commissioners as proving the truth of the story ! A 
judge conversant with evidence would generally have deduced an opposite 
conclusion, and I was surprised at Sir R. Couch. 



490 THE MAHARAJAH OF JEYP ORE. 

be in a prostrate condition of terror, and his miserable 
story was of a continued persecution by the police ; 
of the extortion from him of false statements, and the 
manufacture of fraudulent documents. And to these 
charges he resolutely, although with the appearance 
of great nervousness, adhered, and was not shaken by 
a very able cross-examination. 

It is well to consider the position of this witness. 
He was one of the most respectable trades-people in 
Baroda, and a diamond merchant. It was attempted, 
in pursuance of Colonel Phayre's letter, to connect 
the Gaekwar with the purchase of diamonds, and 
Hemchund alleges that he was forced by constant 
pressure into supplying that testimony. We were in- 
formed that he was kept for three days without a 
bath, which the poor wretch imagined devoted him 
to I do not know how many years of future torture. 1 

The English Commissioners ignore his evidence 
altogether, whether or not upon the ground that he 
contradicted that given by the police they did not 
state ; but I must say that upon this point I think 
that the judgment of his own countrymen is far more 
important and likely to be correct. None of them dis- 
credit it. And the Maharajah of Jeypore, admitted 
to be one of the ablest men in India, and a devoted 
friend of the English Government, signally recognizes 
it as truthful. Other servants of Colonel Phayre sup- 
ply confessions. 

Now it must be remembered that, although no im- 
putation was thrown upon Colonel Phayre's integrity, 

1 This was not proved, but told to the adviser of the Gaekwar after the 
trial. 



DISCOVERY OF ARSENIC. 4Q\ 

much comment was invited by his conduct, and he 
was upon his trial as well as the Gaekwar. It may 
be said, therefore, that each party would have half 
the tribunal imbued with a prepossession in his favor. 
My own deliberate and well-considered belief is that 
Colonel Phayre was subjected to no real attempt to 
be poisoned, but I think that certain persons were 
anxious to retain him in the Residency, and to defeat 
the endeavor of the Gaekwar to get him turned out, 
and supposed that the alleged attempt would have 
that effect. 

The Colonel admitted that he had received warn- 
ings beforehand, from whom did not appear ; and a 
bitter enemy of the Gaekwar's supplied the Colonel 
with a description of the materials by which the at- 
tempt was actually made. It seems to be conceded 
that, somehow or another, these people escaped with- 
out any investigation. Diamond dust, arsenic, and 
copper are the ingredients indicated. The quantity 
left in the tumbler could not afford a satisfactory 
analysis. And so there is a miraculous discovery of a 
parcel containing arsenic in the belt of one of the sup- 
posed poisoners, who had forgotten its existence until 
after it was found ; and some respectable witness was 
wanted to supply a proof of diamond dust, and so poor 
Hemchund was produced, and he proved the whole 
story told to be a lie, as did also another person named 
Pedro, in relation to a statement made by another 
accomplice. 

But the theory that I entertain would be displaced 
if Damadhur Punt had been a voluntary witness. He 
was private secretary to the Gaekwar, and, as far as 



492 DAMADHUR PUNT. 

is known, had no motive to procure his deposition. 
It becomes, therefore, necessary to ascertain how this 
gentleman happened to take up the position of his 
master's accuser, and his account of this will throw no 
small light upon what probably occurred with the oth- 
er witnesses. 

I copy the following from the report of the English 
Commissioners : — 

Damadhur Punt was arrested the evening of the day 
upon which the Graekwar was placed in confinement 
(January 14, 1875). He was imprisoned for two days 
in the Senapali's office at the palace, and then he was 
brought to the Residency, where he was placed un- 
der a guard of European soldiers for sixteen days, and 
afterwards under a police guard. Being, he states, tired 
of the European guard, and, thinking that he could not 
otherwise get out of confinement, Damadhur Punt made 
a confession to Mr. Kichey, Assistant Resident, on Jan- 
uary 29 and 30, 1875. It is substantially the same as 
his evidence before the Commission, and ivas made un- 
der a promise of pardon. 

I can quite understand that Damadhur Punt did not 
enjoy himself in company with sixteen English sol- 
diers, and like Hemchund, was ready to redeem him- 
self from such captivity, especially if running the same 
risks in a future life by remaining in it. But what is 
the value of such testimony! And every witness went 
through this same preparation. 

The feeling of the audience during the examination 
of Damadhur Punt was shown very clearly by spit- 
ting upon the floor and other signs of disgust. On the 
next day it was observed that a much larger number 
of soldiers occupied the court. 



TERMINATION OF PROCEEDINGS. 493 

I have now given a summary of this remarkable 
inquiry. I have expressed my own views, and have 
ventured upon a theory that has always prevailed in 
my mind, although at the period I considered that my 
duty was confined to showing that the prosecution 
had failed, which I think that I succeeded in doing ; 
and, notwithstanding the great respect that I enter- 
tain for the three members of the Commission who 
felt it to be their duty to decide adversely, I still en- 
tertain the same opinion. And I cannot think that 
the weighty reasons given by the Maharajah of Jey- 
pore, and substantially agreed in by his colleagues, 
are met by any of the arguments used by the English 
Commissioners. 

Amongst them the Maharajah urges : — 

"That Damadhur Punt, Raoji, and Musoo, whose 
testimony is supposed to form the basis of this grave 
charge against the Gaekwar, are accomplices, and their 
evidence is not corroborated by a single respectable 
witness." Again, and this is most important: — 

"No documentary evidence, or evidence of a con- 
vincing nature was forthcoming from Damadhur Punt, 
notwithstanding his position as private secretary to 
the Gaekwar, and the command he had over the re- 
cords of the Maharajah's private office." 1 

He also refers to Hemchund's direct contradiction, 
which he treats as being trustworthy, and also to other 
important contradictions. 

The proceedings were terminated by a proclama- 
tion dated Simla, April 19, 1875, signed C. U. Aitch- 

1 As a matter of fact there was not a scrap of writing directly implicating 
the Gaekwar. 



494 THE ENGLISH PRESS. 

ison, Secretary to the Government of India, depos- 
ing the Gaekwar on the ground of abuses previous 
to and not connected with the inquiry, and in which 
the following paragraph occurs : "The Commission- 
ers being divided in opinion, Her Majesty's Govern- 
ment have not based their decision on the inquiry or 
the report of the Commission, nor have they assumed 
that the result of the inquiry has been to prove the truth 
of the imputations against His Highness." 

Somewhat inconsistently, and, I venture to think, 
neither in good taste nor in strict fairness, the same 
gentleman — Mr. Aitchison — published upon the 21st 
of the same month a sort of manifesto embodying the 
views of the English Commissioners, and agreeing 
emphatically with their conclusions. The document 
does not exhibit any originality, or add at all to the ar- 
guments adduced by the Commissioners themselves. 

I have copied these extracts from a book in which 
the proceedings are published in extenso, and appa- 
rently by the authority of some one connected with 
the Government, as, in some preliminary observations, 
the writer refers to the delay that has occurred in giv- 
ing the decision, and accounts for it as follows : " The 
delay is generally attributed to a difference of opinion 
betiveen the Viceroy in Council and the Some Govern- 
ment, the former wishing to treat Mulhar Rao as a con- 
victed criminal , while the latter, influenced no doubt by 
the outcry of the l Times, 7 and other London papers, 
which for some inexplicable reason had ranged them- 
selves on the side of the defense before even waiting to 
see reports of the case for the prosecution, wished to 
avoid taking a course which would be sure to provoke 
hostile criticism in England. 77 



PRESENT POSITION OF THE GAEKWAR. 495 

Now this assertion about the press is certainly not 
founded upon fact. I believe that the first adverse crit- 
icism resulted from the cross-examination of Colonel 
Phayre. And the evidence in the case was followed with 
the greatest attention, and opinion was, as far as I have 
seen, unanimous that it was most unsatisfactory and 
unreliable. Judging also by the dispatches that I have 
seen coming directly from Lord North brook, and which 
exhibit an enlarged and statesmanlike mind, I can 
never believe that he would have treated the opinions 
of three illustrious princes with such indignity. I 
have, as I have intimated, nothing whatever to do with 
the reasons of State that influenced .the Government 
in deposing the Gaekwar; but it must not be sup- 
posed that I think the course was pursued upon well- 
founded information furnished to the Viceroy. . I can- 
not but remember the kindness and courtesy I re- 
ceived at the hands of the Gaekwar, his patient and 
uncomplaining demeanor during the inquiry, and his 
kindly expressions of gratitude for my exertions; and 
I should be glad if the above imperfect comments 
should have some effect upon the judgment of those 
who have to deal with him, and call their attention to 
the position in which he is now placed, which, to my 
intense astonishment, I understand to be practically in 
the custody of the Dr. Seward who figured upon the 
investigation as one of the bitterest witnesses against 
him. 



CHAPTER XLIX. 

TERMINATION OF THE TEIAL. 

' I A HE great trial is ended. The regulation nuoi- 
ber of guns has announced the departure of 
each of the respective potentates. The English Com- 
missioners have closed their note-books. Not a word 
has been spoken, not a hint given as to what the de- 
cision was likely to be, but the result was no surprise. 
Colonel Phayre versus the Gaekwar of Baroda rep- 
resented in the thoughts of men the momentous case 
that had just concluded. 

Eastern minds certainly never imagined that there 
would be a British verdict against their compatriot. 
Perhaps amongst our own countrymen a similar opin- 
ion was entertained in relation to the native princes. 
And the whole of the pomp and panoply might have 
been spared. The Indian Government treated the 
conclusion as a nullity, and simply effaced it ; but the 
interest created by the proceedings will belong remem- 
bered, and the members of the Court, by their pa- 
tience, attention, and courtesy, are certainly entitled 
to the thanks of all who were brought under their 
influence. 

Some few observations are worthy to be made. It 
496 



COOLNESS OF THE COURT. 497 

vvas marvelous, considering the intense heat, how de- 
lightfully cool the court-house was kept. And I shall 
never forget the thorough loyalty of my juniors and 
the assistance they afforded me. I have mentioned 
the names of all of them : the English members were 
Mr. Branson and Mr. Purcell, at the houses of both 
of which gentlemen at Bombay I was most kindly re- 
ceived. The latter of these has since died. He im- 
prudently exposed himself in the jungle, shooting, and 
caught a fever. The former gentleman still continues 
to practice at Bombay. A member of the bar named 
Taylor represented some collateral interests, and af- 
forded me much pleasant information and gossip. 

We passed an agreeable life enough ; an unmistak- 
ably good brand of champagne was sent to us through 
the favor of the Bycullah Club, and we got fresh fish 
every day from Bombay. I have mentioned that Mrs. 
Branson kindly presided over our household. On the 
morning following the termination of the trial we 
started on our return journey, and I was again re- 
ceived at the house of Mr. Jefferson until the sailing 
of the homeward-bound P. and 0. steamer. I cannot 
say that I suffered much from the effect of the climate, 
but I preferred that of Baroda greatly to Bombay, the 
former, although intensely hot, being perfectly dry, 
which is far from being the case at the latter. 

I received many kind compliments from all quar- 
ters for my conduct of the case ; there is no doubt that 
I might have excited native feeling to a considerable 
if not dangerous extent, but it would have been an 
improper advantage to take of my position to do so. 
I felt that I had been retained to defend my client 
32 



498 MESSAGE FROM THE OAEKWAR. 

upon a specific charge, and I shall always think that 
the prosecution failed to substantiate it. 

Before I left Bombay a most gratifying mark of 
kindly feeling and approval was exhibited towards me. 
There were quite three-quarters of a mile to be trav- 
ersed between Mr. Jefferson's house, where I was 
staying, and the dock from which the steamer started, 
and the whole space was filled with a dense mass of 
people, who had assembled to wish me adieu. 

So thick was it that the carriage could scarcely 
make its way, and it is impossible that I should ever 
forget the kindness and, I may venture to say, enthu- 
siasm, with which I was received. An address was 
also delivered to me, accompanied with a handsome 
shawl— this article, I understand, being a very signal 
mark of regard. The address was engrossed upon 
parchment, and signed by fifteen hundred natives, in- 
cluding the highest and most distinguished inhabitants 
of Bombay, and was in the following terms : — 

To William Ballantine, Esq., Serjeant-at-Law. 

Patent of Precedence. 

Sir, — As you are departing from these shores, after having with sig- 
nal ability and independence • defended His Highness the G-aekwar of 
Baroda — a prince in whom the people of this country are deeply inter- 
ested — against the accusations preferred against him by the Government 
of India, we, the undersigned inhabitants of Bombay, take this oppor- 
tunity of thanking you for your exertions on behalf of the said op- 
pressed prince. We request you to accept this little present (a shawl), 
which we offer in testimony of our gratitude for your valuable labors 
in his cause, and we bid you a cordial farewell, and wish you every 
happiness. 

Mere follow the Signatures. 

Bombay, March 22, 1875. 

My kind friends, Mr. and the Miss Jeffersons, ac- 
companied me to the docks, and the carriage had con- 



VO YA QE HOME. 499 

siderable difficulty in penetrating the crowd. At this 
time I did not know what decision would be arrived 
at about- the unfortunate Gaekwar, and had no draw- 
back to the feeling of gratitude for all the kindness 
that had been extended to me. After I had arrived 
on board I received, through Sir Lewis Pelly, a very 
kind message from my client, and requesting me to 
accept a portrait of himself as a mark of his considera- 
tion. This was transmitted to me subsequently. It 
is painted by an Indian artist with considerable skill, 
and is a remarkably good likeness. 

I do not remember the name of the vessel that 
brought me home. Everything was very pleasant on 
board, and the voyage passed smoothly and without 
any incidents. Amongst the passengers was Lord de 
Grey, the son of the present Viceroy. He had been 
round the world, and was returning, and his pleasant 
anecdotes of travel took much away from the monot- 
ony of the voyage. We both of us stopped at Suez, 
and visited Cairo. Once upon a time a writer might 
fill his pages with accounts of mosques and bazaars 
and the strange habits of the natives. Now I should 
as soon think of describing the streets of Margate. 
An English brougham with a not unusual occupant 
drives up and down the promenade. Every other 
house almost, at all events in some of the streets, was 
a gambling resort, and I heard some ugly stories about 
the disappearance of Europeans. Lord de Grey and 
myself visited the Pyramids. I did not, however, at- 
tempt an ascent. They are the haunts of dirty, dingy, 
disreputable beggars, who carry knives. 

I was not sorry to get away from Cairo, and, reach- 



500 DINNER TO THE PRINCE OF WALES. 

ing Alexandria by rail, joined the same ship, and, after 
another calm passage, duly reached Brindisi, which I 
nave already described, and I saw nothing to induce 
me to change my mind. I regret that I cannot re- 
member the name of the gentleman who at that time 
held the post of Consul, that I might convey directly 
to him my appreciation of the great kindness and at- 
tention that he showed me. A telegraphic message 
hurried me home, where, having arrived in due course, 
I need not say I have no adventure to relate of the 
journey. 

I have had occasion to mention, in the course of 
the foregoing pages, the name of Sir Lewis Pelly. 
He had conducted the very delicate arrangements im- 
mediately antecedent to the Commission, and had the 
charge of the Graekwar's person during its continuance. 
He also filled the post of Resident, and from him my- 
self and brother counsel met with many proofs of 
attention and kindness. His demeanor to the Prince 
was characterized by all the courtesy and considera- 
tion that his duty would permit. He vacated the po- 
sition of Resident in favor of Sir Richard Meade, who 
had been one of the Commissioners. Whilst I was 
at Baroda I received a letter from Colonel Napier 
Sturt, who was staying upon a visit with his brother- 
in-law, Lord Northbrook. We met afterwards in 
London, and His Royal Highness the Prince of Wales 
did him and me the honor of dining with us at the 
Garrick Club, on which occasion Sir Lewis Pelly was 
also my guest, and thus I had the opportunity of re- 
turning his kindness in the manner that must have 
been most gratifying to himself. 



POSTSCRIPT. 501 



POSTSCRIPT. 

The career of the unhappy subject of the above 
sketch is terminated in this world. To me it has 
been the occasion of one of the most interesting inci- 
dents that could have occurred in a professional life. 

Whether he was a profligate and tyrannical mon- 
arch or the victim of falsehood and calumny is not 
now of any importance to be considered. 

The action taken by the Government of the time 
could scarcely be considered as consistent, but it ap- 
pears to have resulted in a satisfactory state of things 
in Baroda, where the throne is occupied by a mon- 
arch fully appreciative of British rule, and who has 
the benefit of a Resident possessing discretion and 
prudence, and whose advice is always at his com- 
mand. 



CHAPTER L. 



GENEKAL REVIEW. 



TNa mental review of the contents of the different 
A chapters contained in these volumes, I feel how much 
I have left unsaid that might have amused, and pos- 
sibly have been of some service to my readers. I 
also feel that in my own profession changes have taken 
place, and are doing so daily, which are deserving of 
more reflection than I have hitherto given to them. 

The public scarcely appreciate how much they may 
be affected by these changes, although recent inci- 
dents have occurred affording unfortunate illustrations. 

No one can doubt that the general administration 
of the law has during the last half-century improved 
in every branch, and the present generation would 
scarcely credit the amount of villainy, fraud, and op- 
pression which previous to that period flourished un- 
der its auspices. The gaols filled with victims, off! 
cers of the sheriffs robbing both creditors and debt- 
ors ; small courts, the offices of which were put up 
for sale, and the costs incurred by the suitors brought 
ruin to both parties. One flagrant example was the 
Marshalsea, and a gentleman whom I slightly knew, 
named Higgins, but who wrote under the nom de 
502 



MARSHALSEA PRISON. 503 

plume of " Jacob Omnium," conferred a benefit upon 
society by his eloquent denunciation of its iniquities, 
leading to the ultimate abolition of the Court. Im- 
mense taxes were imposed upon legal proceedings by 
numerous sinecure offices paid out of suitors' pockets. 
The profession also was comparatively limited. In 
1816, the year in which my father was called to the 
bar, there were only twenty-eight King's Counsel. 
Lord Eldon was Chancellor, Ellenborough Chief- 
Justice, and Serjeants' Inn boasted several most dis- 
tinguished members. I cannot think among the nu- 
merous improvements effected that the destruction of 
this last body can be numbered, and it seems to have 
been done with thoughtlessness, and without such 
formalities as dealing with so ancient an institution 
deserved. I believe that those answerable for the re- 
sult scarcely knew the character of the institution. 
Formerly it had certain exclusive privileges. These, 
as I have before said, were properly abolished, but 
its peculiar quality, that of being essentially a popu- 
lar institution, and not subject to the control of the 
Crown, thus distinguishing its members from King's 
Counsel, in itself made it worthy of retention. It pos- 
sessed another great advantage — that a junior who 
had not seen much civil business, and who had prac- 
ticed principally at sessions, could, after seven years' 
standing, claim the appointment, and thus get a step 
intermediate to that of King's Counsel without sacri- 
ficing certain business that the latter gentleman was, 
by etiquette, bound to abandon. I have referred for a 
second time to this rank, because I think now that, again 
without full reflection, a course is being adopted by 



504 E Q UITY LA WYERS. 

which ultimately both the public and the profession 
will grievously suffer in the administration of justice, 
and recent occurrences have forced the matters to 
which I refer prominently forward. I have already 
said, and wish emphatically to repeat, that no higher 
intellects can exist than many that have adorned the 
equity bar. The names of Bethell, Roundell Palmer, 
Cairns, Jessel, and the late Lord Justice James rep- 
resent men worthy of any age ; but I cannot think 
that the general body of that branch of the profession 
to which they belong are fitted to try causes depend- 
ent upon oral testimony, and I consider them to be 
specially unsuited to preside in criminal cases. 

Their schooling has been that of drawing conclu- 
sions from affidavits, and arguing before refined and 
intellectual minds. The evidence does not come into 
their hands directly, but has been manipulated by the 
solicitor. They do not see the witnesses, as an ordi- 
nary rule, and I have already expressed my opinion 
as to their mode of dealing with such apparitions when 
they occur. The judge who listens to the argument 
has to be reached by calm and unimpassioned means 
quite unfitted to a popular and comparatively unedu- 
cated tribunal. . Can this be an appropriate prepara- 
tion for a man to be placed upon a judgment-seat, 
facing a dock, with the very form of which he is un- 
acquainted, and called upon to deal with a fellow- 
creature's life, upon materials of which he is, by prac- 
tice,- absolutely ignorant % 

It is not only that the individual so selected has no 
experience of witnesses, but the class of business to 
which his mind has been applied is totally different 



MURDER CASES. 505 

from what presents itself in the criminal courts. No 
doubt he has met with plenty of falsehood and fraud, 
but they have been arrayed in a decent and respectable 
garb, and bore no more resemblance to the crime and 
its concomitants prevailing in the criminal courts than 
they did outwardly to the fustian jacket of the laborer, 
or even the gaudy apparel of the village beadle. My 
readers have frequently noticed the following scene 
in court. A learned judge has taken his place upon 
the bench, a criminal charged with murder is arraigned 
before him. He has no counsel. And his lordship, 
addressing a gentleman who probably has no client, 

says, " Mr. , will you kindly watch the case for 

the prisoner?" 

Let my readers picture to themselves the life of a 
fellow-creature, possibly assailed by perjury, depend- 
ent upon the practical knowledge of an Equity judge, 
assisted by a junior counsel. 

I was myself present when this actually occurred. 
A Chancery barrister of most remarkable attainments, 
and possessing every high quality except the experi- 
ence necessary for his position, having been created 
a judge, was called upon, amongst his first cases, to 
try two most serious charges of murder, in the first 
of which, the accused being without counsel, a ju- 
nior barrister, at the request of the judge, defended 
him, and did so with great ability and judgment, 
and there was no failure of justice in the result. In 
the second case, there occurred a scene which cer- 
tainly w T oulcl not have happened if the judge had come 
from the other branch of his profession, and I am not 
sure that the verdict arrived at was correct ; certainly 



506 FAILURE OF JUSTICE. 

it was subsequently modified. I am not sorry to re- 
fer to these instances, because, except the evils that 
must arise from the grounds I have referred to, it 
would be impossible to attach censure to the judicial 
qualities of the learned judge. The public have had 
their attention called to two recent cases connected with 
the administration of the criminal law. Both of them 
happened to have been tried by the same judge, whose 
intellect is of the highest order, and before whom it 
has frequently been my pleasure to practice. He was 
selected from the highest ranks of the Chancery bar. 
In the first of these cases a prisoner was left for exe- 
cution. The colleague of the judge fortunately enter- 
tained doubt, and inquiries were readily instituted, 
and the result was the discovery of the man's inno- 
cence. In another case, two men had undergone a 
long term of imprisonment, part only of a much longer 
sentence, well deserved if they had been guilty. They 
have been shown to be perfectly innocent, pardoned, 
and recompensed. I was not present at either of these 
trials, but some who were have told me that the judge 
took a perfectly just view in both cases ; but he had 
to address country juries of the commoner class, and 
in both instances they were governed rather by details 
that shocked their feelings than by the evidence that 
ought to have controlled their judgment. 

In the observations that I have made respecting 
the appointment of purely equity lawyers as criminal 
judges, it must not be supposed that I ignore the lia- 
bility of human nature, in every grade and with what- 
ever schooling, to error, and it is on this account that 
I have so urgently pressed the necessity of a Court 



A COURT OF CRIMINAL APPEAL. 597 

of Criminal Appeal. Applicable of course only to 
convictions, it is essential that little delay should take 
place between the trial and the appeal, and I have al- 
ready ventured to shadow forth the kind of tribunal 
that I think should be created. I have also expressed 
an opinion that the absence of such a court is preju- 
dicial to the interests of justice oftener by the escape 
of criminals than by wrongful convictions. There are 
certain words that are constantly used, and, whether 
actually used or not, their impression exists in the 
minds of a jury trying a capital case : "Remember, 
your verdict is final." How many criminals have es- 
caped through the influence of these words ! I have 
recorded two instances in the course of these pages.' I 
trust that there have not been many. cases where their 
efficacy has not prevailed where it ought to have 
done. But who on this earth can tell? 

One other ground for the institution of a Court of 
Appeals is, that it will abolish a most discreditable 
anomaly. Cases may, by a well-known process, be 
removed into the Court of Queen's Bench, and there, 
although supposed to be tried by the highest officer 
of the law, and with the assistance of a special jury, 
a verdict of guilty is not necessarily final — it may be 
appealed against. As the process of removal is ex- 
pensive, it may not unfairly be alleged that in some 
cases there exists one law for the poor, another for the 
wealthy. The verdict against the defendant unre- 
moved would be final. 

Another evil, and in my opinion a very grave one, 
arises from the creation of judges out of a different 
sphere from those who ordinarily practice in the courts 



508 SCENE ON THE OXFORD CIRCUIT. 

over which they are placed. In an early chapter 1 
called attention to the remark of Monsieur Berryer as 
to the courteous manner, kindly feelings, and perfect 
confidence existing between the bench and the bar. 
This mainly arises from the intimacy existing between 
them during an early professional career. If a learned 
judge upon a recent occasion had been so selected, it is 
not likely that such a scene as that exhibited lately up- 
on the Oxford Circuit could ever have taken place. 

As I have taken my readers back to my old Inn, I 
will venture to surround it with all the halo to which 
it is entitled. We were and had been from time im- 
memorial connected with the Corporation of the City 
of London, and, inasmuch as the greatest compliment 
appreciated by that august body was annually paid to 
us, we were doubtless once upon a time of no small 
importance ourselves. We received an invitation to 
dine at the Lord Mayor's dinner on November 9th, and 
arrayed in robes that gave us as much claim to notice as 
the men in armor, and preceded by a personage known 
as the City Marshal, we were assigned seats amongst 
the principal guests at that great festival, and it was 
really a sight worthy of notice. 

The grandeur of the hall, the magnificence of the 
dresses, the style of the entertainment, and the rank 
of the guests, rendered it one of the greatest scenes 
exhibited throughout Europe. Upon this great occa- 
sion it was the office of one of the high officers of the 
Corporation, no less a dignitary than the Common Ser- 
jeant, personally to convey to us the invitation on the 
first day of Michaelmas Term at our Inn. 

Sir Thomas Chambers, when he occupied this office, 



MR. SERJEANT WOOLRYCH. 5Q9 

was accustomed to commit a most amusing blunder. 
Whether moved by some idea of his own dignity, or 
acting under civic instruction, I am unable to say, but 
when he came to perform his task, he addressed him- 
self solely to the Judges, not even naming the Ser- 
jeants, although the former were asked only in that 
capacity, and were included with the Lord Chancellor 
and Equity Judges specially in their official capacity, 
and invited by the Lord Mayor himself personally. 
The Common Serjeant was not probably aware that 
whilst it in no respect derogated from his dignity to 
convey a message from one great corporation to an- 
other, he was performing the duty of a butler in con- 
veying an invitation to dinner to individuals belonging 
to it. 

There was a worthy member of our body, Mr. Ser- 
jeant Woolrych, who had written a most exhaustive 
book upon sewers, and was also very learned about city 
customs, and who exercised his mind greatly upon the 
blunder into which the Common Serjeant had tumbled, 
and wanted me, as Treasurer, to call attention to it. 
He considered that this was not only due to common 
humanity, but also to our dignity. I was, however, 
deaf to his entreaties. 

I do not remember dining more than upon one oc- 
casion in my official capacity. On this occasion the 
scarlet robes and heavy, cumbrous wig, necessary to 
be worn, destroyed all possibility of enjoyment. The 
Serjeants of the Inn were also invited one Sunday in 
May or June, I forget which, to attend the service at 
St. Paul's Cathedral. This was a very interesting cer- 
emony ; and, although the names of the clergymen 



510 STONYHURST. 

whom I heard preach have escaped my memory, 1 
remember that the sermons were highly interesting 
and intellectual ; but the beauty of the spiritual fare 
was as greatly destroyed by our costume upon these 
occasions, as our enjoyment was of the luxuries so lib- 
erally provided upon the occasion of the Lord Mayor's 
feasts. 

An incident occurred to me which, from my con- 
nection with the Tichborne case, gave me considera- 
ble interest. It arose about eighteen months ago, when 
I was enjoying a very charming visit with Sir John 
and Lady Holker, at their country seat, at Coulthurst, 
upon the borders of Lancashire and Yorkshire, and, 
learning that Stonyhurst College was situated at no 
great distance, I took the opportunity of driving over 
to pay it a visit. It was the locality pointed at by a 
great portion of the cross-examination by Sir John 
Coleridge. Through its rooms and gardens the un- 
happy claimant was invited to travel ; it was here the 
learning was supposed to have been imparted of which 
he was challenged to produce some proof, and it was 
over the whole of this period that, if he were the gen- 
uine baronet, his unfortunate failure of memory ex- 
tended. I was most kindly received, and made an in- 
teresting excursion through the establishment and its 
grounds. Of course, I can form no opinion of its scho- 
lastic successes, but I was struck by the variety of the 
studies and their apparently efficient superintendence; 
and there was one characteristic that I was fully able 
to appreciate — the extreme attention and care appar- 
ent in every portion of the establishment to the health 
and physical comforts of the pupils. 



A WITNESS. 511 

•v 

Upon the first trial, to which I have just alluded, 
and amongst the witnesses who were undoubtedly ac- 
tuated by a firm belief in the identity of the claimant 
with Sir Roger Tichborne, was a Catholic priest whc 
had been one of the tutors during the stay of the real 
baronet at Stonyhurst. This gentleman gave his ev- 
idence in favor of the claim with great firmness and 
evident honesty of intention. He was subjected to a 
severe cross-examination, and suffered greatly under it. 

He was one of those men of not an uncommon type, 
whose feelings had been reached without a sufficient 
aid from reason ; who did not dissect sufficiently from 
materials before him what he really knew from what 
had been impressed upon his mind from other sources. 
Witnesses of this kind cut but an awkward figure in 
the hands of a skillful counsel ; the more so that they 
feel that they may have been misled and conveyed er- 
roneous ideas. Such a feeling is very trying to a con- 
scientious man, and it was evident that this gentleman 
suffered greatly. I took the opportunity of inquiring 
after him, and learned that his mind had given way, 
and that he was in confinement. The very refined 
and intellectual personage who was my cicerone had 
been formerly a Protestant clergyman and one of the 
masters of Eton College. 

I am not precluded by the sincere friendship I feel 
for my kind hosts from availing myself of the example 
of Sir John Holker to illustrate some of my comments 
upon appointments to the bench, especially as I shall 
be confirmed by the entire profession. The position 
that he attained at the Common Law bar speaks for 
itself; his selection to conduct important equity cases 



512 POSTSCRIPT. 

shows that he must possess sufficient knowledge upon 
that branch for appellant business : but what my at- 
tention has been, throughout the remarks occurring 
in these pages, particularly directed to, namely, the 
criminal branch, is peculiarly satisfied by his appoint- 
ment. Sir John possesses a large sessions experience, 
and has dealt with witnesses of every grade and char- 
acter. 

I am uttering a very safe prophecy when I predict 
that he will be received with a hearty welcome on ev- 
ery circuit in the kingdom, and afford to those whc 
belong to it all the comfort and assistance consistent 
with an impartial exercise of his duty. 

POSTSCRIPT. 

Since the above lines were written the prophecy 
so safely made has been disappointed by the prema- 
ture death of the subject of it, and his high qualities, 
both of intellect and of heart, have been recorded by 
the highest in the profession to which he did so much 
honor. 



CHAPTER LI. 

SOME FURTHER TRIALS. 

T N the year 1838 I was present at a natural episode 
•*~ to an event that I have related in a former chap- 
ter (the termination of a disreputable broil at a house 
of infamous resort) : it was performed at the Central 
Criminal Court, and there the story was told in more 
detail than I have previously related it. It was in the 
early dawn of an August day that five young men met 
at a well-known spot. One of them was a surgeon 
and a friend of the unhappy man Mirfin who met with 
his death, and it was from his mouth principally that 
the complete story was told. He knew nothing of 
the nature of the quarrel, but there was something 
terribly significant in the mode in which the deceased 
urged upon him to take care that the pistols were 
Fairly loaded. The account given by him was not un- 
favorable to his friend's opponent. On the first fire 
the ball went through Mirfin's hat. He took it off, 
looked at it, but against remonstrances from all quar- 
ters, himself insisted upon another fire, which was 
fatal to him. It must be said — though little can be« 
said for dueling — -that if the encounter had occurred 
between men of any position in society, this second 
33 513 



514 DEA TH-BL OW TO D UELINO. 

fire would not have been permitted. A judge long 
since dead — Mr. Justice Vaughan — an excellent speci- 
men of those whom I remember in my early days, 
tried two of the parties to this sad scene. The prin- 
cipal escaped, and only two of the seconds underwent 
the ordeal. They were both found guilty of murder, 
and sentence of death was recorded. This was a mere 
form since disused, which excluded the capital penalty 
and left the punishment in abeyance. They were im- 
prisoned for a period of twelve months each. I knew 
one of them slightly, by no means a cruel man, and 
who has since filled a respectable position in society. 

I think that I am not wasting the time of my read- 
ers in dwelling upon this event, as it may be fairly 
taken as an epoch from which the brutal custom of 
dueling received its death-blow ; and as far as my ob- 
servation and experience enable me to judge, the man- 
ners and demeanor of society have become much more 
refined and considerate, instead of having retrograded 
and become coarser, as was prophesied would be the 
case by those who advocated the practice. 

Whilst the events that I have just related affected 
materially the impressions of English society and has- 
tened the abolition of one of the remnants of barbarism, 
another, not altogether different in its character, was 
struggling against the increasing refinement of the age 
to maintain its existence. Pugilism at one time was 
not without some claim to chivalry ; it was contrasted 
frequently in varied discussions with the alleged use 
of the knife in other countries, and perfect fairness 
had been at one time a characteristic of the encount- 
ers ; and it was not wonderful that the courage and 



PRIZE-FIGHTS. 5^5 

endurance displayed should excite the admiration of 
the classes especially to which these athletes belonged, 
and give to themselves a feeling that the profession 
was an honor to themselves and a crown of glory to 
their children. 

As was the case in duels, so in prize-fights it would 
have been useless to appeal to juries to vindicate the 
law. It is not uninteresting to witness the decline of 
such feelings and to glance at the cause. The prac- 
tice, however fairly conducted, could not be otherwise 
than coarse and cruel. It must always have been 
surrounded by elements distasteful to men of refine- 
ment, and gradually that portion of society which con- 
sisted of the better classes gave way to the repre- 
sentatives of brutal ruffianism, and the honor of the 
ring became tainted, first by suspicions, and latterly 
by the certainty, of unfair play. Pugilists ceased to 
be men ; they became mere animals, and were backed 
as such, and hocussed as such. Honorable ambition 
entered no longer into the minds of the combatants ; 
the greed for gold tempted the disgusting sacrifice of 
their bodies. Blacklegs outside the ring had proba- 
bly paid, or agreed to pay, some miserable wretch to 
endure a certain amount of bruises until a previously- 
arranged result gave a sham victory to his opponent. 
Such may fairly be described as being the state of the 
prize-ring at a date of which I have a vivid recollec- 
tion. It was in the year 1860, when the talk in every 
club-room resounded with the approaching battle be- 
tween Tom Sayers, the champion of England, and the 
Benicia Boy, an American named Heenan. The con- 
test was to revive those good old English days when 



516 SA YERS AND HEENAN. 

the fists were held in glory. Sayers I had known 
something of, in a matter in which he had been a wit- 
ness. He was apparently a well-conducted, power- 
fully-built man of between thirty and forty. Heenan 
was younger and much taller. The fight took place 
at Farnborough. An immense crowd assembled. 
Whispers were circulated about those who, conceal- 
ing their identity, witnessed the conflict. It was per- 
fectly fair in intention ; both men were thoroughly 
honorable and their pluck undeniable. Amongst the 
glories obtained by Sayers was a broken arm. The 
American nearly lost the sight of one of his eyes, 
whilst the bodies of both were mauled and battered 
out of human shape. Two hours and upwards did 
this disgusting proceeding last, when the victory 
seemed tending to one of the combatants, and then 
the ferocity of the mob broke down the barriers of 
the ring, a tumult occurred, and which of these two 
heroes was the victor was never determined. From 
this time until, recently the custom made no real at- 
tempt to establish an existence. Lately, out of the 
haunts of the low pot-house, human beings have been 
extracted to furnish amusement to their brutal asso- 
ciates, but it is satisfactory to find that the officers of 
the law are sternly repressing the attempts, and that 
the juries have no sympathy with the actors. 

I sincerely, and with some confidence, hoped that 
an event that occurred two years after the famous en- 
counter, of which I have furnished my readers with a 
sketch, would have directed public indignation to a 
practice which, in its barbarism and its attendant cru- 
elties, will bear comparison with any that can disgrace 



THE QUEEN'S LETTER. 517 

civilization, with such force as to prevent its contirm 
ance. It occurred in July, 1863. I will briefly re- 
late its particulars. They made a great impression 
upon my mind at the time, and I wrote to several of 
the newspapers upon the subject. 

There was an hilarious festival held at the Aston 
Park, Birmingham, by a certain Order of Foresters, 
and one of the amusing and intellectual entertainments 
selected by the society was the engagement of a poor 
woman who designated herself the Female Blondin. 
Of course the performance was prepared to meet the 
taste attributed to the audience. The woman had to 
walk upon the tight-rope, and, if I remember rightly, 
to carry over a chair, which she succeeded in doing. 
After this — can humanity believe it ? — her head was 
enveloped in a sack so as to completely blind her, and 
in this condition again she essayed the task. A few 
faltering steps — when, either from her nervousness or 
owing to some accident to the gear, she was dashed 
lifeless to the ground. In better and more pathetic 
terms than any I could use, with noble and womanly 
feeling, a letter was written by the command of Her 
Majesty, which, having extracted and preserved it at 
the time, I make no apology for reproducing. 

It was directed to the Mayor of Birmingham, and 
was in the following terms : — 

" Her Majesty cannot refrain from making known 
to you her personal feelings of horror that one of her 
subjects, a female, should have been sacrificed to the 
demoralizing taste unfortunately prevalent for exhibi- 
tions attended with the greatest danger to the per- 
formers. Were any proof wanting that such exhibi 



518 



ACROBATS. 



ticms are demoralizing, I am commanded to remark, 
that it would be at once found in the decision arrived 
at to continue the festivities, the hilarities, and the 
sports of the occasion, after an event so melancholy 
The Queen trusts that you, in common with the rest 
of the towns-people of Birmingham, will use your in- 
fluence to prevent in future the degradation of such 
exhibitions in the park, which was gladly opened by 
Her Majesty and the beloved Prince Consort, in the 
hope that it would be made serviceable for the healthy 
exercise and rational recreation of the people." 

It is deserving of observation that these exhibitions 
do not involve merely the present danger of the per- 
sons engaged in them, but are founded upon a system 
of education and training that is shocking in the ex- 
treme. These wretched contortionists are brought up 
to the work from infancy, and the means used to ren- 
der their limbs serviceable to the purposes of their 
wretched trade is to distort their proper movements, 
'which can only be done by subjecting them to infi- 
nite torture. And a short life of hardship and pain, 
probably ended in agony, is entailed upon our fellow- 
creatures without choice, or, at all events, before they 
possess the means of knowledge. 

I cannot help thinking that it is a scandal that these 
performances, which I have no hesitation in saying 
are illegal, should take place in establishments under 
the control of the county justices and sanctioned by 
their license. 

Before concluding this chapter, my mind has been 
greatly exercised as to whether I shall be justified in 
referring again to the Union Club. I am quite aware 



UNION CLUB. g^g 

that it is out of place. I ought no doubt to have re- 
arranged my former comments ; but, then, whilst 
bound to have no care for the trouble to myself, I 
dreaded the reproachful looks of my printer, whose 
patience I have already sorely tried, and so I have de- 
termined to' throw myself once again upon the consid- 
eration of my reader. Since I wrote the former pages 
I have come across my old friend Tom Holmes. He 
is still a member, and an old one, having been elected 
in the year 1828. His father was the Tory Whip, 
and one of the most popular men in London, and was, 
in connection with the Lord Lowther of those days, 
one of the earliest promoters of the Club. 

During the years 1804 and 1805 it was, as already 
stated, carried on at a house in St. James's Square. 
It was at that time a club in which a great deal of 
high play went on, and amongst the highest players 
was a former Lord Rivers. I do not know what his 
connection was with the nobleman of that name who 
has recently died, but it was not lineal. 

Mr. Holmes told his son that upon one occasion this 
Lord Rivers exhibited to him in the club no less a 
sum than £100,000 in bank-notes. Whether at that 
time or not he was fortunate in play, it seems that good 
fortune did not continue to follow him, as he drowned 
himself some years after in the Serpentine, the act 
being attributed to losses at play. A singular inci- 
dent occurred at the election of Tom Holmes himself. 
One black ball out often excluded, and upon this oc- 
casion there were eight candidates, and it so happened 
that his name was upon the last box in the row. The 
first seven candidates were duly elected ; in the last 



520 ECCENTRICITIES. 

ballot-box were seven black balls. A servant came 
forward and charged a gentleman, the member for 
some place in Ireland, with having voted unfairly, 
and in reality he had retained all the balls until he 
came to the last box, and there deposited them. 

It seems that some suspicion had attached to him 
in consequence of former proceedings. The ballot 
was repeated, and Tom Holmes was elected without 
a dissentient voice. No reason seems to have exist- 
ed for the action of this gentleman, who made no de- 
nial of the fact. Some idea not dissimilar to those 
which are said sometimes to actuate the Hibernian 
mind may have led him to hasten by this method the 
election of his own friends. He was of course ex- 
pelled the club, and also from several others of repu-. 
tation to which he belonged. It is due to his mem- 
ory to mention an incident that makes one feel that 
the act was due to some curious hallucination. Some 
short time after the discovery, he sent £100 to the 
servant who had been the agent of his detection. 

Volumes might be written of the eccentricities of 
club life : I have myself known of many. There is 
one that occurs to my mind to mention, as I was well 
acquainted with the facts, and with the member in 
question. He had been a colonel in the army, and 
was accustomed whilst at dinner, when he supposed 
that no one was looking, to transfer from his plate to 
his pocket-handkerchief divers slices of whatever edi- 
bles had been supplied to him, and these were sup- 
posed to supply his breakfast upon the following morn- 
ing. I know as a fact that this same gentleman, hear- 
ing of a brother officer being in distress, made him a 



LETTER FROM THE DUKE OF WELLINGTON. 521 

present of £3,000 without any solicitation, and mere- 
ly remarking that he had intended to leave him that 
amount in his will, and thought that it might at the 
present time be of more service. 

I was acquainted with a member of a military club, 
and happened to go with him into an umbrella shop 
in Regent Street ; he recognized, lying upon the 
counter, an umbrella belonging to himself, and upon 
examination he found that it bore his initials upon the 
handle. Upon inquiry he learned that it had been 
left there, to have the handle changed, by a brother 
officer and member of the same club. A rather curi- 
ous incident happened to me in the Union Club, which 
I may as well mention now. I was lunching with 
one of its younger members — I really forget his name : 
he told me he was familiar with my name through a 
letter to my father which had come into the posses- 
sion of his, as executor of a Captain Cowell, from the 
Duke of Wellington. This letter, which he showed 
me, and a copy of which will be found in a note at the 
end of this volume, related to a dinner given to the 
Duke, and which I have mentioned in a former chap- 
ter ; it probably came into possession of the captain 
as adjutant of the Tower Liberty Militia, which office 
he had filled at the time. 

One of the objects which led to the creation of 
the Union Club was to bring together within its walls 
men of all shades of politics, and any violation of this 
principle would have been considered as a subversion 
of one of its cardinal rules. 



CHAPTER LII. 

LAST CHAPTER. 

I "HIS is the last chapter of the first work I have 
-*- ever ventured to present to the public, and it 
will be found to consist of scraps gathered up from 
topics dwelt upon in preceding pages, put together 
without order, but still, I hope, possessing some in- 
terest. 

Before I commenced my professional career I was 
acquainted with Mr. Teesdale, a gentleman of very- 
high standing in the city, and solicitor to one of the 
principal dock companies at the time my father was 
magistrate at the Thames Police office. He was the 
father of Mr. John Marmaduke Teesdale, the present 
head of the firm, and who was one of my earliest 
clients and valued personal friends, who was also a 
member of the Garrick Club, partook occasionally of 
my tendency to Richmond and Homburg, and with 
him I have had many pleasant hours, and upon some 
personal matters have received very valuable advice. 
In three of the cases that I have thought worthy of 
recording he was the solicitor : — the poisoning case, 
the Tamworth Election Petition, and the action of 
Wellesley against Pole ; and those who know thor- 
522 



INCIDENT IN THE POISONING CASE. 523 

onghly the details of these cases will admit, without 
hesitation, the proverbial blindness of justice. 

Having referred to the poisoning case, I may men- 
tion an incident told me by my friend, and which I. 
omitted to record in the account of the trial. It may 
be remembered that a very suspicious death took 
place whilst the accused person was residing near his 
brother's shop. It appeared that when he was solic- 
iting a reprieve he supplied the Home Secretary with 
"a statement which purported to be an account of the 
places where he had resided. This was sent to Mr. 
Teesdale, who noticed that no mention was made of 
that locality. I think it was at a party at which Mr 
Teesdale was a guest, a story was told which I will 
not impute to him. It was one of that class which 
the narrator declares he knows to be true, but he who 
repeats it only says that it ought to be. It was upon 
the eve of an important debate in the Lords that a 
noble member of that august assembly was obliged to 
preside in a Court of Quarter Sessions somewhere in 
Yorkshire. There was, unfortunately, a heavy calen- 
dar. What was he to do 1 There was no one to take 
his place. He consulted the chaplain. Whom can a 
man in difficulty resort to with more certainty of com- 
fort and relief? He asks him, " Who is the greatest 
scoundrel you have in the gaol ? " " John Hoggins," 
was the reply. What further passed between the no- 
ble chairman and his clerical adviser I cannot say, bu^" 
directions were given that the said Hoggins should be 
the first prisoner put into the dock. To the great 
surprise of most people, he pleaded guilty, and was 
addressed by his lordship somewhat in these terms : 



524 SERJEANT THOMAS. 

" John Hoggins, the object of punishment is to re- 
form, and when, as in your case, after a long course 
of crime, repentance at last comes, the court is will- 
ing to give effect to it," and he concluded by passing 
a slight sentence. Hoggins was then turned out 
amongst the other prisoners, who, most of them, ex- 
hibited their penitence very expeditiously in the same 
form, but their sentences seemed rather intended to 
include what ought to have been given John Hoggins 
than to reward their own sense of what was due to 
society. The noble lord, however, was enabled to 
perform his duty to his country in the House of Peers. 

Amongst my brother "degenerates" was one not 
unworthy of mention. Mr. Serjeant Thomas began 
life in a humble position, but had the good fortune to 
marry early an exceedingly accomplished lady. With 
her help and great perseverance he obtained consid- 
erable knowledge, especially in modern languages. 
They, together, contributed to the press, and by this 
means and rigid economy he was enabled to get call- 
ed to the bar. In a certain class of cases and before 
common juries he was by no means an unsuccessful 
advocate. There was a somewhat unkind joke made 
at his expense by a learned judge. He having moved 
for a writ of Nolle Prosequi instead of Nolle Prose- 
qui, "Pray," said the judge, "do not make anything 
unnecessarily long on the last day of term." Thomas, 
however, astonished the same judge upon another oc 
casion by interpreting, off-hand, an Italian affidavit. 

He was a terrible thorn in the side of Serjeant Wil- 
kins; his familiar mode of dealing with this gentleman's 
stilted sentences was by no means to the latter's taste. 



HOMBURG. 525 

I was present one day at the Sheriff's Court, when 
these two counsel were opposed to each other. Ser- 
jeant Wilkins looked as if he could have eaten his an- 
tagonist, and his voice was in perfect keeping with his 
inflated oratory. Thomas arose when his time came, 
and, fixing his eyes upon his opponent, commenced in 
solemn tones with these words, "And now the Huiiy 
Burly's done — " Wilkins waited for no more, but, 
tucking up his gown, got out of court as quickly as 
he could ; not without a remark from Thomas which, 
being somewhat undignified, I abstain from repeating. 
Thomas had brought up his family very creditably, 
but had been unable to realize any substantial means. 
At the time of his death his widow, a lady long past 
her seventieth year, was not entitled to any share 
in the division of .the property of the Inn, but I had 
known much of her history, and brought her case before 
the members, and without a dissentient voice I was 
left to exercise my own discretion. I sent her the 
same sum as she would have been entitled to if there 
had been no technical bar. And I can recall no more 
gratifying event in my life than the letter I received 
from her in acknowledgment. She told me in the 
most refined and graceful language, every word re- 
plete with sincereity, that, by the kindness the Inn 
had bestowed upon her, her remaining days were left 
without a care or an anxiety. 

A likeness I possess of the principal spring at Hom- 
burg, most admirably photographed, brings back that 
place to my memory. It includes myself and some 
of my friends who were staying in that locality at the 
time — with the exception of Signor and Madame Ar- 



526 BOUCICAULT. 

diti none are known to fame. There is, however, the 
figure of a good-looking young fellow, whose tale was 
a sad and singular one. It is that of a son of Dion 
Boucicault, whom about that time I saw a good deal 
of. I do not know how long it was after this occa- 
sion that he had been on a visit in Yorkshire. I 
think, but am not quite sure, that it was with my 
friend Sir George Armytage. In returning he missed 
the train that he had intended to catch. The next 
by which he traveled met with a collision, which in- 
jured many of the passengers, but young Boucicault 
escaped unhurt, and was actively engaged in assisting 
those that were, when another train dashed up and 
killed him upon the spot. Much sympathy was of 
course exhibited to the parents, who in a graceful ac- 
knowledgment concluded by saying "that the only 
trouble he had ever given them was his death." 

Those of my readers who may have taken up these 
volumes with the notion that criminal courts afford 
romances that create interest in those accused of 
crime, will have been greatly disappointed by my 
reminiscences ; and indeed my observation has led to 
the conclusion that the motives usually are essentially 
coarse and commonplace, and the criminals worthy of 
very little sympathy. I have not been fortunate 
enough to meet with any lovely females who have 
drowned their infants or poisoned their parents from 
high and praiseworthy motives ; nor have I met, 
standing in the dock of the Old Bailey, forms that 
would have graced the circles of fashionable society. 
I do not mean to say that many who are seen in that 
position have not been brought to it by a series of cir- 



THE FAIR ALICE. 527 

cum stances that may make them well worthy of the 
pity of the philanthropist ; but little remains, when 
they have blossomed into this state, that is calculated 
to command admiration. In the following case, how- 
ever, of which I had some personal knowledge, I can 
present a young lady who was really one of the pret- 
tiest girls I ever knew, and whose story is not with- 
out romance. It is a Miss Alice L . Of her early 

history I knew nothing ; that is to say, before sixteen 
years old. She was not more when first I met her. 
I think I was introduced to her by my friend Captain 
Barberie at one of those assemblies dedicated to in- 
nocent recreation, and where the vouchers required 
for the entry were not fenced round with serious ob- 
stacles. And I presume that it was at one of these 
reunions that the most noble Lord Frankfort — the 
Baron de Montmorency — met her and fell victim to 
her charms. I can tell my readers nothing of the 
progress of the courtship, or of the occasions upon 
which he lavished upon the idol of his affections the 
jewels appertaining to his ancestral crown. Neither 
am I able to detail how the enthusiastic love of the 
noble Baron became turned into such bitter hate that 
he consigned the lovely object of his former admiration 
to the dungeons of Newgate upon the ignoble charge 
of stealing those offerings of his love. Certain it is, 
however, that upon November 31st, a.d. 1840, the 
charming Alice, gracefully standing in the dock of the 
Old Bailey, was the cynosure of hundreds of eyes. 

She was defended by Mr. Adolphus, whose voice 
was broken by emotion. Indignant glances were 
showered upon the Baron. The judge was not un- 



528 HER ACQUITTAL. 

moved. The jury acquitted without a moment's 
hesitation, and with a graceful courtesy she de- 
parted from the detested thraldom, celebrated as well 
as beautiful. 

The manager of an East End Theatre lost no time 
in securing such a prize, and shortly after her- release 
she appeared upon his boards. I am really ashamed 
to say that I forget in what character she apjoeared, or 
with what amount of success. Shortly afterwards I 
lost sight of her, and it was not until many years after, 
that, in a different sphere from that in which I first 
met her, again I found myself in her presence. She 
had become, as pretty, fair-haired girls are wont to 
do, a portly dame, and was married to a gentleman of 
good position in America. She was, when I then met 
her, upon a visit to this country, and extended to me 
a welcome and pleasant recognition. 

The trial, it will be observed, took place forty years 
ago, but I have heard that she is still alive, and, in a 
certain State in America, leading a creditable life. 

One more story connected with the Central Court 
— a story of my comparatively early days, when 
briefs were very rare and warmly welcomed. This 
was a great occasion, and I was junior to Thesiger. 
As in the last I have recorded, the mischievous 
god was at the bottom of it, although the details 
did not exhibit much romance. Our client was 
a young gentleman of position and moderate for- 
tune. He occupied a set of rooms in the Temple, 
and fate made him acquainted with a young lady 
who assisted in the disposal of the numerous arti- 
cles of beauty and fashion in the establishment of 



TRIAL AT CENTRAL COURT. 529 

Marshall and Snelgrove in Oxford Street. She was cer- 
tainly, without exception, one of the handsomest young 
women I have ever seen in my life. I believe that 
the aiFection that grew up between the parties was 
perfectly honorable. Unfortunately, however, in other 
respects the young lady was not strictly correct. She 
had access to his chambers, and made them the re- 
ceptacle of her employers' wares. They were con- 
cealed from his sight; but she, having been suspected, 
was traced, and our client was charged with receiv- 
ing stolen goods, and was placed in the dock beside 
his inamorata. He was perfectly innocent, and ac- 
quitted without hesitation. For her there was no de- 
fense. She was found guilty, and sentenced to four- 
teen years' transportation. He, poor fellow, suffered 
greatly. I know that he was deeply attached to her, 
and fully forgave her the cruel trial that she had oc- 
casioned to him. I learned something of the subse- 
quent history of the damsel. Her sentence was duly 
carried out, but, upon the vessel in which she was 
sent out, there were a doctor and a parson. Her 
bodily ailments required the constant attention of the 
former, whilst the latter greatly interested himself in 
her spiritual welfare. I forget which of these it was 
who succeeded in obtaining her affections, but to one 
of them she was married upon her arrival at New 
South Wales. It may not be known to many of my 
readers that in the days of transportation a convict 
might be married to a settler, and was assigned to him 
as a servant, but remained amenable to the discipline 
of the authorities in the event of any complaint being 

made. 

34 



530 POSTSCRIPT. 

Many happy and prosperous marriages of this 
class are recorded as having been entered into by 
colonists of both sexes,, and a generation of hardy, 
industrious, and honorable men have sprung from 
them ; and I am not sorry to conclude a work which, 
although intended principally to amuse, has not been 
presented to the public without higher ends in con- 
templation, by inviting reflection upon the above 
facts, and by asking whether the most hopeful ad- 
mirers of the present system of punishment can sug- 
gest an equivalent. 

POSTSCRIPT TO THE SIXTH EDITION. 

In a notice that appeared of the late Mr. Wakley, 
in chap. ix. vol. i. of the octavo edition of my Ex- 
periences, I expressed a belief that the damages ob- 
tained by that gentleman were never paid. 

I learn from gentlemen of high standing (Messrs. 
Potter and Landford) that their predecessors received 
both damages and costs. 

I am glad to take the first opportunity I have 
had since receiving this information to rectify my 
mistake. 

The Author. 

October 27, 1882. 



APPENDIX. 



Page 472. 

The following is a translation of the curious hymn with the 
presentation of which I was honored by the subjects of His 
Highness the Gaekwar of Baroda, upon my entrance into his 
dominions. I have referred to it and to my reception as 
indicative of the feeling entertained towards him. It cer- 
tainly exhibits much fertility of imagination. 

[Translation.] 
To 

The Most Learned 

SERJEANT BALLANTINE. 

Mat your merits be praised in every nook and corner of 
our country, and may our king be restored to his freedom 
and throne ! 

Then will your praises be sung everywhere. 

Our hearts are filled with rising joy at the mention of your 
name, and we entertain the dear hope that the cloud of 
calamity that hangs over our king will be swept away. 
Then will your praises, &c. 

Is it not natural that the news of the arrest of the king of 
our Gujarath should produce a sensation in our bosom ? Oh! 
give us your helping hand! 

Then will your praises, &c. 

All the men of Bharata fervently pray to God that their 
king be released and the grave charges attached to him be 
wiped away. 

Then will your praises, &c. 

531 



532 APPENDIX. 

May pure justice be dealt to our prince in a pure and unde- 
filed way! In that case we shall sing merry songs expressive 
of your great glory. 

Then will your praises, &c. 

Dhobi's Pole ^ I have the honor, most learned Sir, to be 
in Khadia, \ your most obedient servant, 
Ahmedabad. ) Hariprasad Peetamberray Derasary 

Page 521. 

The following is a copy of the letter referred to on the 
above page: — 

London, June 13, 1834. 

My Dear Sir, — 1 am sorry to tell you that His Majesty has 
invited me to dine at St. James's on Saturday the 21st in- 
stant. As you are aware, these Royal invitations are con- 
sidered as commands, to which all other invitations must give 
way. Under these circumstances I must request the gentle- 
men of the Tower Hamlets to excuse me for absenting my- 
self from their proposed dinner at Blackwall, unless they 
can postpone it until Wednesday, the 25th instant, if that 
day should suit them, when I will attend them with great 
pleasure. 

Believe me, yours most sincerely, 

Wellington. 

W. Ballantine, Esq., 

Thames Police Office. 



H \ 










<?sJ*&% .SsJ^.X. <?s^% 



% 




V* <*S ".I 








^<K 




4 c> 



> 






** «^ ^ °- 
>0 ^ ^'_*« *b 




> 4* % ■ 



A 



■\ 



^ 





C, \P 

r. .< ,g* ^> *° 




fc^*<S ^r« 






T> 







& * o V 



• sl <g 






£ .L- 







